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JOURNALS 


THE CONVENTION 


THE FREE, SOVEREIGN ANI) INDEPENDENT PEOPLE 
OF TEXAS, IN GENERAL CONVENTION 

ASSEMBLED. 


Iri accordance with an ordinance, passed by the General Coun¬ 
cil on the eleventh of December, A. D. one thousand eight hun¬ 
dred and thirty-five, and sanctioned by his Excellency the Gover¬ 
nor, Henry Smith, on the thirteenth of the same month; and with 
a view to consummate the will and wishes of the General Council, 
his Excellency the Governor, Henry Smith, did issue his procla¬ 
mation to all municipal judges, Alcaldes and citizens, that elec¬ 
tions should be held on the first day of Eebruary next, in all the 
municipalities of Texas, for the purpose of electing delegates to 
a Convention, to be held in the town of Washington, on the first 
day of March ensuing, to be clothed with ample, unlimited or 
plenary powers, as to the form of government to be adopted; 
Provided , that no Constitution should go into effect, until the 
same be submitted to the people, and confirmed by a majority 
thereof. 


WASHINGTON, Tuesday, March 1st, 1836. 

There being a quorum of the delegates elect present, 

On motion of Mr. Everett, 

Mr. Collingsworth was called to the chair. 

On motion of Mr. Parmer, 

Mr. Willis A. Paris was appointed Secretary pro. tern. 

On motion of Mr. Parmer, 

Resolved , That a committee of three be appointed to examine 
and report upon the credentials of the delegates elect. 

( S23 ) 



4 


Proceedings of the Convention at Washington. 


The question being taken thereon, it was decided in the affirm¬ 
ative. Whereupon the Chair appointed Messrs. Parmer, Everett 
and Childress, and 

On motion of Mr. Houston, 

Mr. Zavala was added to said committee. 

On motion of Mr. Houston, 

The Convention adjourned until two o’clock. 

two o’clock, p. m. 

The Convention met pursuant to adjournment. 

The committee appointed to examine and report upon the cre¬ 
dentials of the delegates elect, through their chairman, Mr. Par¬ 
mer made the following Report, to wit: 

From the municipality of Austin, Thomas Barnett and Charles 
B. Stewart. 

From the municipality of Brazoria, Edwin Waller, James Col- 
lingsworth and John S. D. Byron. 

From the municipality of Washington, Benjamin Briggs Good¬ 
rich , G. W. Barnett , James S. Swesher and Jesse Grimes. 

From the municipality of Mina, J. W. Bunion, Thomas J.Gaz- 
ley and R. M. Coleman. 

From the municipality of Gonzales, Mathew Caldwell and John 
Fisher. 

From the municipality of Milam, Sterling C. Robertson and 
George C. Cdildress. 

From the municipality of Nacogdoches, Robert Potter. 

From the municipality of San Augustine, Martin Parmer, S. W. 
Blount and E. 0. Legrand. 

From the municipality of Sabine, William Clark, Jr., and James 
Gaines. 

From the municipality of Harrisburg, Lorenza de Zavala. 

From the municipality of Jasper, Stephen E. Everett and George 
W. Smith. 

From the municipality of Matagorda, Baily Hardeman. 

From the municipality of Jackson, Elijah Stepp. 

From the municipality of Shelby, Sidney 0. Penington and Wil¬ 
liam C. Crawford. 

From the municipality of Jefferson, Claiborne West and William 
B. Scates. 

From the municipality of Refugio, James Power , Samuel Hous¬ 
ton, David Thomas rand Ed,ward- Conrad. 

From the municipality of Goliad, Williccm Mottley. 

From the municipality of San Patricio, John Turner. 

From the municipality of Bejar, Francisco Ruis , Antonio Na¬ 
varro and J. B. Badggett. 

From the municipality of Pecan Point and vicinity, Robert Ham¬ 
ilton, Richard Ellis and Collin McKinney. 

. t' 

( 824 ) 


Proceedings of the Convention at Washington. 


5 


From the municipality of Colorado, William D. Lacy and Wil¬ 
liam Menifee; and 

On motion of Mr. Parmer, 

The report was received and agreed to. 

On motion of Mr. Potter, 

Pesolved , That the Convention proceed to the election of a Presi¬ 
dent of their body. 

%/ 

The question being taken it was agreed to. Mr. Everett nomi¬ 
nated Mr. Ellis, and there being no opposition, Mr. Ellis was de¬ 
clared unanimously elected President of the Convention, who was 
conducted to the chair by Messrs. Collingsworth and Everett; 
whereupon the President addressed the Convention at some 
length on the importance of their duties. 

On motion of Mr. Collingsworth, 

The Convention proceeded to the election of a Secretary to their 
body. 

Mr. Collingsworth nominated Mr. W. A. Paris; Mr. West nomi¬ 
nated Mr. E. M. Pease: Mr. Legrand nominated Mr. H. S. Kim¬ 
ball. 

The President appointed Messrs. Everett and Childress tellers, 
and the votes being taken, the tellers reported, that 

Mr. W. A. Paris received ten votes; Mr. E. M. Pease received 
seven votes: Mr. S. TE Kemball received twenty-four votes, where¬ 
upon the President declared Mr. Kemball duly elected Secretary 
to the Convention, who was conducted to the Secretary’s table by 
Messrs. Everett and Childress. 

On motion of Mr. Potter, 

The Convention proceeded to the election of a Sergeant-at- 
Arms. 

Mr. Potter nominated Mr. Isham Parmer, and there being no 
opposition, the President declared Mr. Parmer duly elected Ser- 
geant-at-Arms of the Convention. 

On motion of Mr. Potter, 

The Convention proceeded to the election of a Door-Keeper. 

Mr. Potter nominated Mr. John A. Hizer, and there being no 
opposition, the President declared Mr. Hizer duly elected Door- 
Keeper of the Convention. 

On motion of Mr. Goodrich, 

The Convention proceeded to the election of an assistant Secre¬ 
tary and an engrossing Clerk. 

Mr. Bunton nominated Mr. Pease for assistant Secretary, and 
Mr. Goodrich nominated Mr. Saul for engrossing Clerk, and there 
being no opposition, the President declared them both duly 
elected. 

On motion of Mr. Childress, 

Pesolved , That the President appoint a committee of five to draft 
a Declaration of Independence. 

( 825 ) 


6 


Proceedings of the Convention at Washington. 


Mr. Parmer offered the following as an amendment: 

Resolved , That the President appoint one delegate from each 
municipality a committee to draft a Declaration of Independence, 

And the question being taken thereon, it was decided in the 
negative. 

The question recurring upon Mr. Childress'" resolution, it was 
decided in the affirmative; whereupon the President appointed 
Messrs. Childress, Caines, Conrad, McKinney and Hardeman, said 
committee. 

On motion of Mr. Gazlev, 

Resolved , That the President appoint a committee of five, to 
draft rules for the order and government of the Convention, 

And the question being taken thereon, it was decided in the 
affirmative: whereupon the President appointed Messrs. Gazdy, 
Houston, Potter, Collingsworth and Everett, said committee. 

On motion of Mr. Everett, 

Resolved , That the President appoint a committee of three on 
privileges and elections. 

And the question being taken thereon, it was decided in the 
affirmative; whereupon the President appointed Messrs. Everett, 
Stewart and Coleman, said committee. 

On motion of Mr. Parmer, 

Resolved, That the President appoint a committee of three to 
wait upon Governor Henry Smith, and Lieutenant Governor Rob¬ 
ertson, and Council, and notify them of the formation of the Con¬ 
vention. 

And the question being taken thereon, it was decided in the 
affirmative; whereupon the President appointed Messrs. Parmer, 
Houston, and Coleman, said committee. 

On motion of Mr. Houston, 

The Convention adjourned until to-morrow morning at nine 
o’clock. 


WEDNESDAY, March 2, 1836. 

The Convention met pursuant to adjournment. 

Mr. Gazley, chairman of the committee appointed to draft rules 
for the order and government of the Convention, made the follow¬ 
ing report. 


( 826 ) 



Proceedings of the Convention at Washington. 


7 


Standing Rules And Orders For Conducting Business 

In The Convention Of Texas. 

Touching the duty of the President. 

1st. He shall take the chair every clay precisely at the hour to 
which the house shall have adjourned on the preceding day; shall 
immediately call the members to order; and, on the appearance of 
a quorum, shall cause the journal of the preceding day to be read. 

2nd. He shall preserve order and decorum; may speak to points 
of order in preference to other members, rising from his seat for 
that purpose; and shall decide questions of order, subject to an ap¬ 
peal to the house by any two members; on which appeal, no mem¬ 
ber shall speak more than once, unless by leave of the house. 

3d. He shall rise to put a question, but may state it sitting. 

4th. Questions shall be distinctly put in this form, to wit: “As 
many as are of opinion that (as the question may be) say Ay/’ 
and after the affirmative voice is expressed, “As many as are of 
the contrary opinion, say No.” If the President doubts, or a divi¬ 
sion be called for, the house shall divide: those in the affirmative 
of the question shall first rise from their seats, and afterwards, 
• those in the negative. If the speaker still doubts, or a count be 
required, the President shall name two members, one from each 
side, to tell the numbers in the affirmative, which being reported, 
he shall then name two others, one from each side, to tell those in 
the negative, which being also reported, he shall rise and state the 
decision to the house. 

5th. When any motion or proposition is made, the question, 
“will the house now consider it?” shall not be put, unless it is 
demanded by some member, or is deemed necessary by the Presi¬ 
dent. 

6th. The President shall examine and correct the journal before 
it is read. He shall have the general direction of the hall. He 
shall have the right to name any member to perform the duties of 
the chair, but such substitution shall not extend beyond an ad¬ 
journment. 

7th. All committees shall be appointed by the President, unless 
otherwise specially directed by the house, in which case they shall 
be appointed by ballot; and if, upon such ballot, the number re¬ 
quired shall not be elected by a majority of the votes given, the 
house shall proceed to a second ballot, in which a plurality of votes 
shall prevail; and, in case a greater number than is required to 
compose or complete a committee, shall have an equal number of 
votes, the house shall proceed to a further ballot or ballots. 

8th. In all other cases of ballot than for committees, a ma¬ 
jority of the votes given shall be necessary to an election; and 

( 827 ) 


$ 


Proceedings of the Convention at Washington. 


when there shall not be such a majority on the first ballot, the 
ballot shall he repeated until a majority be obtained. 

9th. In all cases of ballot by the house, the President shall 
vote: in other cases he shall not vote, unless the house be equally 
divided, or unless his vote, if given to the minority, will make the 
division equal; and in case of such equal division, the question shall 
be lost. 

10th. In all cases, where other than members of this house may 
he eligible to an office by the election of the house, there shall be 
a previous nomination. 

11th. All acts, addresses, and joint resolutions, shall be signed 
by the President; and all writs, warrants, and subpoenas, issued by 
order of the house, shall be under his hand and seal, attested by 
the clerk. 

12th. In case of any disturbance or disorderly conduct in the 
galleries or lobby, the President (or chairman of the whole house,) 
shall have power to order the same to be cleared. 

Of Decorum and Debate. 

% 

13th. When any member is about to speak in debate, or deliver 
any matter to the house, he shall rise from his seat, and respect¬ 
fully address himself to “Mr. President/’ and shall confine himself- 
to the question under debate, and avoid personality. 

14th. If any member in speaking, or otherwise, transgress the 
rules of the house, the President shall, or any member may, call 
him to order; in which case the member so called to order shall 
immediately set down, unless permitted to explain, and the house 
shall, if appealed to, decide on the case, but without debate; if 
there be no appeal, the decision of the chair shall he submitted to. 
If the decision be in favor of the member called to order, he shall 
he at liberty to proceed; if otherwise, he shall not be permitted to 
proceed, without leave of the house; and if the case require it, he 
shall be liable to the censure of the house. 

15th. When two or more members happen to rise at once, the 
president is to name the member who is first to speak. 

16th. No member shall speak more than twice on the same 
question, without leave of the house, nor more than once, until 
every member choosing to speak shall have spoken. 

17th. If a question depending be lost by adjournment of the 
house, and revived on the succeeding day, no member who shall 
have spoken twice on the preceding day, shall be permitted again 
to speak without leave. 

18th. Whilst the President is putting any question, or address¬ 
ing the house, none shall walk out of, or across the house; nor, in 
such case, or when a member is speaking, shall entertain private 


( 828 ) 


Proceedings of the Convention at Washington. t 9 

discourse, nor, whilst a member is speaking, shall pass between 
him and the chair. 

19th. No member shall vote on any question in the event of 
which he is immediately and particularly interested, or in any 
case where he was not present when the question was put. 

20th. Upon a division and count of the House on any question, 
no member without the bar shall be counted. 

21st. Every member who shall be in the house when the ques¬ 
tion is put, shall give his vote, unless the House, for special reasons, 
shall excuse him. 

22nd. When a motion is made and seconded, it shall be stated by 
the President; or, being in writing, it shall be handed to the chair, 
and read aloud by the clerk before debated. 

23d. Every motion shall be reduced to writing, if the President 
or any member desire it. 

24th. After a motion is stated by the President, or read by the 

clerk, it shall be deemed to be in possession of the house, but may 

be withdrawn at anv time before a decision or amendment. 

*/ 

25th. When a question is under debate, no motion shall be re¬ 
ceived but to adjourn, to lie on the table, for the previous ques¬ 
tion, to postpone to a day certain, to commit, or amend, to post¬ 
pone indefinitely; which several motions shall have preference hi 
the order in which they are arranged; and no motion to postpone 
to a day certain, to commit, or to postpone indefinitely, being de¬ 
cided, shall be again allowed on the same day, and at the same 
stage of the bill or proposition. A motion to strike out the enact¬ 
ing words of a bill, shall have precedence of a motion to amend, 
and, if carried, shall be considered equivalent to its rejection. 

26th. When a resolution shall be offered, or a motion made, to 
refer any subject; and different committees shall be proposed, the 
question shall be taken in the following order:—The committee of 
the whole house on the state of Texas; the committee of the whole 
house; a standing committee; a select committee. 

27th. A motion to adjourn shall always be in order; that, and 
the motion to lie on the table, shall be decided without debate. 

28th. The previous question shall be in this form: “Shall the 
main question now be put?” It shall only be admitted when de¬ 
manded by a majority of the members present; and until it is de¬ 
cided, shall preclude all amendment, and further debate of the 
main question. 

29th. On a previous question there shall be no debate. 

30th. When a question is postponed indefinitely, the same shall 
not be acted upon again during the session. 

31st. Any member may call for the division of a question, which 
shall be divided if it comprehends questions so distinct that, on 
being taken away, the rest may stand entire for the decision of the 
house: A motion to strike out and insert, shall be deemed indivisi- 


( 829 ) 


/ 


10 Proceedings of the Convention at Washington. 

ble. But a motion to strike out being lost, shall preclude neither 
amendment nor a motion to insert and strike out. 

32nd. Motions and reports may be committed at the pleasure 
of the house. 

33d. No motion or proposition on a subject different from that 
under consideration shall be admitted under color of amendment. 

34th. When a motion has once been made and carried in the 
affirmative or negative, it shall be in order for any member of the 
majority to move for the reconsideration thereof, on the same, or 
the succeeding day, and such motion shall take precedence of all 
other questions, except a motion to adjourn. 

35th. When the reading of a paper is called for, and the same 
is objected to by any member, it shall be determined by a vote of 
the house. 

36th. The unfinished business in which the house was engaged 
at the last preceding adjournment shall have the preference in 
the orders of the day; and no motion on any other business shall be 
received, without special leave of the house, until the former is 
disposed of. 

37th. Petitions, memorials, and other papers, addressed to the 
house, shall be presented by the President, or by a member in his 
place; a brief statement of the contents thereof shall verbally be 
made by the introducer, and shall not be debated or decided on, 
on the day of their being first read, unless where the house shall 
direct otherwise, but shall lie on the table, to be taken up in the 
order thev were read. 

38th. Any fifteen members (including the President, if there 
be one,) shall be authorised to compel the attendance of absent 
members. 

39th. Upon calls of the house, or in taking the yeas and nays 

on any question, the names of the members shall be called alpha- 

beticallv. • 

*/ 

40th. Any member may excuse himself from serving on any 
committee at the time of his appointment, if he is then a member 
of two other committees. 

41st. No member shall absent himself from the service of the 
house unless he have leave, or be sick and unable to attend. 

^ I 

42d. Upon the call of the house,‘the names of the members 
shall he called over by the clerk, and the absentees noted; after 
which the names of the absentees shall again be called over, the 
doors shall then be shut, and those for whom no excuse, or suffi¬ 
cient excuses are made, may, by order of those present, if fifteen 
in number, be taken into custody as they appear, or may be sent 
for and taken into custody, wherever to be found, by special mes¬ 
sengers to be appointed for that purpose. 

43d. When a member shall be discharged from custody, and ad¬ 
mitted to his seat, the house shall determine whether such dis- 


( 830 ) 




Proceedings of the Convention at Washington. 11 

charge shall be with or without paying fees; and in like manner, 
whether a delinquent member, taken into custody by a special mes¬ 
senger, shall, or shall not, be liable to defray the expense of such 
special messenger. 

44th. A sergeant-at-arms shall be appointed, to hold his office 
during the pleasure of the house, whose duty it shall be to at¬ 
tend the house during its sittings; to execute the commands of the 
house, from time to time; together with all such process, issued 
by authority thereof, as shall be directed to him by the President. 

45th. The fees of the sergeant-at-arms shall be for every arrest 
the sum of two dollars; for each days’ custody, and releasement, 
one dollar; and for traveling expenses for himself, or a special mes¬ 
senger, going and returning, one tenth of a dollar per mile. 

46th. It shall be the duty of the committee of elections to ex¬ 
amine and report upon the certificates of election or other cred¬ 
entials of the members returned to serve in this house, and take 
into their consideration all such petitions and other matters touch¬ 
ing elections and returns, as shall or may be presented or come 
into question, and be referred to them by the house. 

47th. The several standing committees of the house shall have 
leave to report by bill or otherwise. 

48th. No committee shall sit during the sitting of the house, 
without special leave. 

49th. The clerk of the house shall take an oath for the true 
and faithful discharge of the duties of his office, to the best of 
his knowledge and abilities, and shall be deemed to continue in 
office until another be appointed. 

50th. Whenever confidential communications are received by the 
President of the Convention the house shall be cleared of all per¬ 
sons except the members, clerks, sergeant-at-arms, and door-keeper, 
and so continue during the reading of such communications, and, 
unless otherwise directed by the house, during all debates and pro¬ 
ceedings to be had thereon. — And when the President, or any 
other member, shall inform the house that he has communications 
to make which he conceives ou^ht to be kept secret, the house 
shall, in like manner, be cleared till the communication be made; 
the house shall then determine whether the matter communicated 
requires secrecy or not, and take order accordingly. 

51st. The sergeant-at-arms and the door-keeper shall be sworn 
to keep the secrets of the house. 

52d. All questions relating to the priority of business to be acted 
on, shall be decided on without debate. 


(83P) 


12 


0 


Proceedings of the Convention at Washington. 


Of Bills . 

53d. Every bill shall be introduced by motion for leave, or by 
an order of the house, on the report of the committee; and, in 
either case, a committee to prepare the same shall be appointed. 
In cases of a general nature, one day’s notice at least shall be 
given of the motion to bring in a bill, and every such motion may 
be committed. 

54th. Every bill shall receive three several readings in the house 
previous to its passage; and all bills shall be despatched in order 
as they were introduced, unless when the house shall direct other¬ 
wise; but no bill shall be twice read on the same day, without 
special order of the house. 

55th. Upon the second reading of a bill, the President shall 
state it as ready for commitment or engrossment, and, if com¬ 
mitted, then a question shall be, whether to a select or standing 
committee, or to a committee of the whole house; if to a committee 
of the whole house, the house shall determine on what day. But, 
if the bill be ordered to be engrossed, the house shall appoint the 
day when it shall be read the third time. 

56th. The first reading of a bill shall be for information; and if 
opposition be made to it, the question shall be, “shall this bill be 
rejected?” if no opposition be made, or if the question to reject 
be negatived, the bill shall go to its second reading without a 
question. 

57th. Not more than three bills, originating in the house shall 
be committed to the same committee of the whole, and such bills 
shall be analagous in their nature, which analogy shall be de¬ 
termined by the President. 

58th. After commitment and report thereof to the house, or at 
any time before its passage, a' bill may be recommitted. 

59th. All bills ordered to be engrossed shall be executed in a 
fair round hand. 

60th. No amendment by way of rider shall be received to any 
bill on its third reading. 

61st. When a bill shall pass, it shall be certified by the clerk, 
noting the day of its passage at the foot thereof. 

Of Committees of the Whole House. 

62d t It shall be a standing order of the day throughout the 
session, for the house to resolve itself into a committee of the 
whole house on the state of Texas. 

63d. Tn forming a committee of the whole house, the President 
shall leave his chair, and a chairman to preside in committee, .shall 
be appointed by the President. 


( 832 ) 


Proceedings of the Convention at Washington. 13 

64th. Upon bills committed to a committee of the whole house, 
the hill shall be first read throughout by the clerk, and then again 
read and debated by clauses, leaving the preamble to be last 
considered; the body of the bill shall not be defaced or interlined, 
but all amendments noting the page and line, shall be duly entered 
by the clerk on a separate paper, as the same shall be agreed to 
by the committee, and so reported to the house. After report, the 
bill shall again be subject to be debated and amended by clauses, 
before a question to engross it be taken. 

65th. All amendments made to an original motion in commit¬ 
tee, shall be incorporated with the motion and so reported. 

66th. All amendments made to a report committed to a com¬ 
mittee of the whole house, shall be noted and reported as in cases 
of bills. 

67th. All questions, whether in a committee or in the house, 
shall be propounded in the order in which they were moved, ex¬ 
cept that in filling up blanks, the largest sum and the longest time 
shall be first put. 

68th. No motion or proposition for a tax or charge upon the 
people shall be discussed the day in which it is first made or offered, 
and every such proposition shall receive its first discussion in a 
committee of the whole house. 

69th. No sum or quantum of tax or duty voted by a committee 
of the whole house, shall be increased in the house until the mo¬ 
tion or proposition for such increase shall be first discussed and 
voted in a committee of the whole house, and so in respect to the 
time of its continuance. 

70th. All proceedings, touching appropriations of money, shall 
first be discussed in a committee of the whole house. 

71st. The rules of proceedings in the house shall be observed 
in a committee of the whole house, so far as they may be ap¬ 
plicable, except the rule limiting the time of speaking; but no 
member shall speak twice to any question, until every member 
choosing to speak shall have spoken. 

72d. No standing rule or order of the house shall be rescinded 
or changed, without one day’s notice being given of the motion 
therefor. Nor shall any rule be suspended except by a vote of at 
least two thirds of the members present. Nor shall the order of 
business, as established by the rules of the house, be postponed 
or changed, except by a vote of at least two thirds of the mem¬ 
bers present. 

73d. It shall be in order for the committee on enrolled bills to 
report at any time. 

74th. No person shall be permitted to perform divine service in 
the chamber occupied by the Convention, unless with the consent 
of the President. 


53 — vol. i. 


( 833 ) 


14 


Proceedings of the Convention at Washington. 


On motion of Mr. Gazley, 

The report was received and unanimously agreed to. 

On motion of Mr. Collingsworth, 

Resolved , That Mr. Willis A. Paris be allowed to take a seat at 
the secretary’s table, to note and report the proceedings of the 
Convention, and 

The question being taken thereon, it was decided in the affirma¬ 
tive. 

On motion of Mr. Potter, 

Resolved, That a committee be appointed consisting of one mem¬ 
ber from each municipality represented in the Convention, for 
the purpose of drafting a Constitution for Texas, and that the 
same be reported as soon as practicable to this Convention. 

And the question being taken thereon, it was decided in the 
affirmative; whereupon the President appointed Messrs. Parmer, 
Potter, Stewart, Waller, Grimes, Coleman, Fisher, Bunton, Gaines, 
Zavala, Everett, Hardeman, Stepp, Crawford, West, Powers, Na¬ 
varro, McKinney, Menifee, Mottley, and Menard, said committee. 

The committee to whom was assigned the duty of drafting a 
Declaration of Independence, through their chairman, Mr. Chil¬ 
dress, made the following 


REPORT. 

When a government has ceased to protect the lives, liberty and 
property of the people, from whom its legitimate powers are de¬ 
rived, and for the advancement of whose happiness it was insti¬ 
tuted; and so far from being a guarantee for the enjoyment of 
those inestimable and inalienable rights, becomes an instrument 
in the hands of evil rulers for their oppression. When the Fed¬ 
eral Republican Constitution of their country, which they have 
sworn to support, no longer has a substantial existence, and the 
whole nature of their government has been forcibly changed, with¬ 
out their consent, from a restricted federative republic, composed 
of sovereign states, to a consolidated, central, military despotism, 
in which every interest is disregarded but that of the army and 
priesthood; both the eternal enemies of civil liberty, the ever ready 
minions of power, and the usual instruments of tyrants. When, 
long after the spirit of the constitution is departed, moderation is, 
at length, so far lost by those in power, that even the semblance 
of freedom is removed, and the forms themselves of the constitution 
discontinued; and so far from their petitions and remonstrances 
being regarded, the agents who bear them are thrown into dun¬ 
geons: and mercenary armies sent forth to force a new government 
upon them at the point of the bayonet. When, in consequence of 
such acts of mal-feasance and abdication, on the part of the gov¬ 
ernment anarchy prevails and civil society is dissolved into its origi- 

f 834 ) 


Proceedings of the Convention at Washington. 15 

nal elements. In sncli a crisis, the first law of nature, the right 
of self-preservation, is the inherent and inalienable right of the 
people to appeal to first principles, and take their political affairs 
into their own hands in extreme cases, enjoins it as a right towards 
themselves, and a sacred obligation to their posterity to abolish 
such government and create another in its stead, calculated to res¬ 
cue them from impending dangers, and to secure their future wel¬ 
fare and happiness. 

Nations, as well as individuals, are amenable for their acts, to 
the public opinion of mankind. A statement of a part of our 
grievances is, therefore, submitted to an impartial world, in justi¬ 
fication of the hazardous, but unavoidable, step now taken of sev¬ 
ering our political connexions with the Mexican people, and as¬ 
suming an independent attitude among the nations of the earth. 

The Mexican government, by its colonization laws, invited and 
induced the Anglo-American population of Texas to colonize its 
wilderness under the pledged faith of a written constitution, that 
they should continue to enjoy that constitutional liberty and re¬ 
publican government, to which they had been habituated in the 
land of their birth, the United States of America. In this ex¬ 
pectation they have been cruelly disappointed, inasmuch as the 
Mexican nation has acquiesced in the late changes made in the 
government by general Antonio Lopez de Santa Anna, who, having 
overturned the constitution of his country, now offers us the cruel 
alternative, either to abandon our homes, acquired by so many pri¬ 
vations, or submit to the most intolerable of all tyranny, the com¬ 
bined despotism of the sword and the priesthood. 

It hath sacrificed our welfare to the state of Coahuila, by which 
our interests have been constitutionally depressed through a jealous 
and partial course of legislation, carried on at a far distant seat of 
government, by a hostile majority, in an unknown tongue; and this 
too, notwithstanding we have petitioned, in the humblest terms, 
for the establishment of a separate state government, and have, in 
accordance with the provisions of the national constitution, pre¬ 
sented to the general congress a republican constitution, which 
was, without just cause, contemptuously rejected. 

It incarcerated in a dungeon, for a long time, one of our citi¬ 
zens, for no other cause but a zealous endeavor to procure the ac¬ 
ceptance of our constitution, and the establishment of a state gov¬ 
ernment. 

It has failed and refused to secure, on a firm basis, the right of 
trial by jury , that palladium of civil liberty, and only safe guaran¬ 
tee for the life, liberty, and property of the citizen. 

It has failed to establish any public system of education , although 
possessed of almost boundless resources, (the public domain) and. 
although it is an axiom in political science, that unless a people are 


( 835 ) 


16 Proceedings of the Convention at Washington. 

educated and enlightened, it is idle to expect the continuance of 
civil liberty, or the capacity for self government. 

It has suffered the military commandants, stationed among us, 
to exercise arbitrary acts of oppression and tryanny; thus trampling 
upon the most sacred rights of the citizen, and rendering the mili¬ 
tary superior to the civil power. 

It has dissolved, by force of arms, the state congress of Coahuila 
and Texas, and obliged our representatives do fly for their lives 
from the seat of government, thus depriving us of the fundamental 
political right of representation. 

It has demanded the surrender of a number of our citizens, and 
ordered military detailments to seize and carry them into the in¬ 
terior for trial, in contempt of the civil authorities, and in defiance 
of the laws and the constitution. 

It has made piratical attacks upon our commerce, by commis¬ 
sioning foreign desperadoes, and authorizing them to seize our 
vessels, and convey the property of our citizens to far distant ports 
for confiscation. 

It denies us the right of worshipping the Almighty, according to 
the dictates of our conscience, by the support a national religion, 
calculated to promote the temporal interest of its human func¬ 
tionaries, rather than the glory of the true and living God. 

It has demanded us to deliver up our arms, which are essential 
to our defence, the rightful property of freemen, and formidable 
only to tyrannical government. 

It has invaded our country, both by land and sea, with intent 
to lay waste our territory, and drive us from our homes; and has 
now a large mercenary army advancing to carry on against us a 
war of extermination. 

It has, through its emmissaries, incited the merciless savage, 
with the tomahawk and scalping knife, to massacre the inhabitants 
of our defenceless frontiers. 

It hath been, during the whole time of our connection with it, 
the contemptible sport and victim of successive military revolu¬ 
tions; and hath continually exhibited every characteristic of a weak, 
corrupt, and tyrannical government. 

These, and other grievances, were patiently borne by the people 
of Texas, until they reached that point at which forbearance ceased 
to be a virtue. We then took up arms in defence of the national 
constitution. We appealed to our Mexican brethren for assistance. 
Our appeal has been made in vain. Though months have elapsed, 
no sympathetic response has yet been heard from the interior. We 
are, therefore, forced to the melancholy conclusion, that the Mex¬ 
ican people have acquiesced in the destruction of their liberty, and 
the substitution thereof of a military government; that they are 
unfit to be free, and incapable of self-government. The necessity 


( 836 ) 


Proceedings of the Convention at Washington. 17 

of self-preservation, therefore, now decrees onr eternal political sep¬ 
aration. 

We, therefore, the delegates, with plenary powers, of the people 
of Texas, in solemn convention assembled, appealing to a candid 
world for the necessities of our condition, do hereby resolve and 
declare that our political connexion with the Mexican nation has 
forever ended; and that the people of Texas do now constitute a 
free, sovereign and independent Republic, and are fully invested 
with all the rights and attributes which properly belong to inde¬ 
pendent nations; and conscious of the rectitude of our intentions, 
we fearlessly and confidently commit the issue to the supreme ar¬ 
biter of the destinies of nations. 

On motion of Mr. Houston, The report of the committee was 
received. 

On motion of Mr. Collinswortli, 

The Convention resolved itself into a committee oi the whole 
upon the report of the committee on the Declaration of Inde¬ 
pendence, Mr. Collinsworth in the chair. 

And after some time spent therein, on motion of Mr. Houston, 

The committee rose, and Mr. Collinsworth reported that the 
committee of the whole had had under consideration the report of 
the committee on the Declaration of Independence, and had in¬ 
structed him to report the same with the following caption: 

“The unanimous Declaration of Independence made by the Del¬ 
egates of the People of Texas, in General Convention at the town 
of Washington, on the 2nd day of March, 1836.” 

On motion of Mr. Houston, 

Eesolved, That the Declaration f)f Independence, reported by 
the committee of the whole house, he engrossed and signed by the 
Delegates of the Convention. 

And the question being taken thereon, it was unanimously 
adopted. 

On motion of Mr. Goodrich, 

Resolved, That five copies of the Declaration of Independence 
he prepared, and one to he sent forthwith to Bexar, one to Goliad, 
one to Nacogdoches, one to Brazoria and one to San Felipe, and 
that the printer at San Felipe he requested to print, in hand hill 
form, for distribution, one thousand copies, and that a committee 
of three he appointed to carry the above resolution into effect. 

And the question being taken thereon it was decided in the af¬ 
firmative; whereupon the President appointed Messrs. Goodrich, 
Parmer and Bvrom said committee. 

Mr. Thos. Barnett, from the Municipality of Austin, appeared, 
produced his credentials and took his seat. 

On motion of Mr. Goodrich, 

The Convention adjourned until two o’clock p. m. 


(837 ) 


18 


Proceedings of the Convention at Washington. 


two o’clock, p. m. 

Mr. Asa Brigham, from the Municipality of Brazoria, appeared, 
produced his credentials and took his seat. 

Mr. A. H. Latimer, from the Municipality of Pecan Point and 
vicinity, appeared, produced his credentials, and took his seat. 

Messrs. Thos. J. Rusk, Charles S. Taylor, and John S. Roberts 
appeared, produced their credentials, and took their seats as dele¬ 
gates elect from the Municipality of Nacogdoches. 

On fnotion of Mr. Houston, 

The Convention proceeded to the election of an assistant secre¬ 
tary in the place of Mr. E. M. Pease, who declined to act. 

Mr. Houston nominated Mr. F. W. Jackson and there being no 
opposition, the President declared Mr. Jackson duly elected assist¬ 
ant secretary of the Convention. 

Mr. Menard from the Municipality of Liberty appeared, pro¬ 
duced his credentials, and took his seat. 

On motion of Mr. Crawford, 

Resolved, That a committee of three be appointed by the Presi¬ 
dent to superintend the procurement of carriers, to send expresses 
to the army, with such suitable directions as may be thought neces¬ 
sary by the Convention. 

And the question being taken thereon, it was decided in the af¬ 
firmative; whereupon the President appointed Messrs. Crawford, 
Lacy, and Caldwell, said committee. 

On motion of Mr. Potter, 

The Convention adjourned until to-morrow morning at nine 
o’clock. 

I 


THURSDAY, March 3rd, 1836. 

The Convention met pursuant to adjournment. 

Mr. A. B. Hardin, from the Municipality of Liberty, appeared, 
produced his credentials and took his seat as a member of the 
Convention. 

On motion of Mr. Everitt, 

Resolved, That the Convention proceed to ballot for a committee 
to act as an Executive Committee, till such time as a more perfect 
form of provisional government may be established; and. after 
some discussion, 

On motion of Mr. Everitt, 

The same was laid on the table. 

On motion of Mr. Everitt, 

Resolved, That a committee of three be appointed by the Presi¬ 
dent of the House, to call upon the late Governor Smith, the late 
Lieutenant Governor Robinson, and the late acting council, that 
they be requested to deliver up to them all documents or papers 

( 838 ) 



Proceedings of the Convention at Washington. 


19 


in anywise connected with the late provisional Government, and 
to inform them that their functions as provisional officers ceased 
on the first day of March. 

On motion of Mr. Everitt, 

.Resolved, That a committee of three be appointed to form an 
oath to be administered to the Executive Committee and every offi¬ 
cer in the service of the Convention, or who may be appointed by 
this Convention. 

On motion of Mr. Everitt, the same was laid on the table. 

On motion of Mr. Everitt, the same was laid on the table. 

On motion of Mr. Everitt, 

Resolved, That the Convention go into an election for a Major 
General to have command in chief of all the forces (regulars and vol¬ 
unteers) now in the field, or to be raised, and he to be under the- 
direction of this Convention, and that he be forthwith ordered to 
the field; and, on motion of Mr. Everitt, the same was laid on the 
table. 

Mr. Crawford, chairman of the committee appointed to procure 
suitable couriers for the purpose of forwarding expresses, with 
such information as this Convention may deem proper, beg leave 
to report the following, to-wit: 

Believing it of vital importance that this convention know cor¬ 
rectly the true situation of our enemy, on the frontier, and also the 
condition of our army, they would recommend the convention to 
accept the services of Major Caldwell, who purposes to start this 
day for the frontier. 

On motion of Mr. Crawford, 

The report was received and agreed to. 

On motion of Mr. Hardeman, 

Messrs. Houston, Hamilton, Collinsworth and Thomas were 
added to the committee appointed to draft a constitution. 

Mr. Coleman asked and obtained leave to be discharged from 
further duty to the committee on privileges and elections; where 
upon the President appointed Mr. LeGrand in his place. 

On motion of Mr. Everitt, 

The Convention adjourned till two o’clock P. M. 

two o’clock, p. m. 

The Convention met pursuant to adjournment. 

On motion of Mr. Bunton, 

Resolved, That a committee of five be appointed to inquire into 
the actual condition of our army, the number of officers, grades, 
where stationed, and what force they command, and the number 
of privates now in the field; what their condition as to clothing, 
the quantity of provisions and munifions of war now in the coun¬ 
try, and where at, and make report of the same. 


( 839 ) 


I 


20 


Proceedings of the Convention at Washington. 


And the question being taken thereon it was decided in the af¬ 
firmative; whereupon the President appointed Messrs. Bunton, Bar¬ 
nett of Washington, Legrand, Fisher of Gonzales and Fisher of 
Matagorda, said committee. 

On motion of Mr. Busk, 

Resolved, that the President appoint a committee consisting of 
one member from each Municipality to report as early as practica¬ 
ble a constitutive act for the purpose of organizing the physical 
force of the country for its defence, against its enemies. 

And the question being taken thereon, it was decided in the af¬ 
firmative; whereupon the President appointed Messrs. Rusk, Bar¬ 
nett of Austin, Collinsworth, Badgett, Lacy, Caldwell, Mottlev, 
Zavala, Smyth, Stepp, Scates, Hardin, Bunton, Robertson, Harde¬ 
man, Latimer, Thomas, Blount, Clark, Pennington, Turner and 
Swisher, said committee. 

On motion of Mr. Conrad, 

The following Preamble and resolution was introduced:—Where¬ 
as Land titles have been recently granted by commissioners, to in¬ 
dividuals under the colonization Laws, whilst many brave and 
worthy men, with equal claims, have been prevented by serving 
in the field, of similar privileges, notwithstanding the decree of a 
former Convention, ordering all such proceedings to be suspended: 
Therefore, 

Resolved, That all Land commissioners or agents whatever, in¬ 
terested with the disposition of public Lands, close their offices, and 
suspend the granting of titles, and all matters whatsoever connected 
with the disposal of public Lands forthwith; and that if any titles 
should be granted in defiance of this authority, such titles shall 
be null and void, and the individual so offending shall be subject 
to a fine of $10,000 and imprisonment for twelve months. 

On motion of Mr. Thomas, the preamble and resolution were 
laid on the table till to-morrow. 

On motion of Mr. Collinsworth, 

Resolved That the papers and documents transferred to the con¬ 
vention, be referred to a committee of five delegates for examina¬ 
tion and report. 

And the question being taken thereon, it was decided in the 
affirmative; whereupon the President appointed Messrs. Collins¬ 
worth, Gazley, Hamilton, Childress and Goodrich said committee. 

On motion of Mr. Potter, 

Resolved that Col. Jesse Benton and Lieut. Griffin Bane be and 
they are hereby, authorized to raise a Regiment of rangers, the 
officers of which shall be commissioned by the authority of this 
convention; the said Regiment of rangers to receive the same pay 
and rations that are provided for the regular army; the said regi¬ 
ment to enrol themselves during the war, and to be subject at all 
times, to the orders of the Commander-in-chief of the public forces. 

( 840 ) 


I 


Proceedings of the Convention at Washington. 21 

And the question being taken thereon was decided in the affirm¬ 
ative. 

On motion of Mr. Goodrich, 

Resolved, that no legislative subject shall be acted on by the 
Convention after this day, the 3rd of March, except such as relates 
directly to the defence of the country. 

On motion of Mr. Everitt, the resolution was laid on the table 
till to-morrow. 

On motion of Mr. Gazley, 

Resolved, That a committee of five be appointed to devise & re¬ 
port to this Convention a suitable flag for the Republic of Texas. 

And the question being taken thereon, was decided in the affirm¬ 
ative; whereupon the President appointed Messrs. Gazley, Scates, 
Zavala, Robertson, and Barnett of Austin, and 

On motion of Mr. Houston, the President was added to said 
committee. 

On motion of Mr. Goodrich, 

Resolved, That the thanks of this Convention be presented to 
Messrs. Baker & Bordens, editors of the Telegraph for the files 
of their paper presented them. 

And the question being taken thereon, was unanimously de¬ 
cided in the affirmative. 

On motion of Mr. Menifee, 

The Convention adjourned till tomorrow morning at nine 
o’clock. 


FRIDAY, March 4, 1836. 

The Convention met pursuant to adjournment. The names of 
the members being called and the journals of the two preceding 
days being read by the Secretary, 

Mr. Everitt, chairman of the committee on privileges and elec¬ 
tions made the following report: 

Your committee on privileges and elections ask leave respect¬ 
fully to report, that after a patient examination of various docu¬ 
ments laid before your committee, in regard to an election held in 
the municipality of Matagorda, (said election being contested by 
Messrs. Royal! and Fisher) have come to the conclusion that Mr. 
S. Rhodes Fisher is legally elected and entitled to a seat in this 
house. In drawing this conclusion, your committee would respect¬ 
fully state to the house, that among the returns of elections, is one 
from Goliad, held among the volunteers on the fifth of January; 
at that election Mr. Rovall received sixteen votes. The person who 
discharged that post, appeared before your committee, and testi¬ 
fied that he discharged said volunteers on the evening of the 11th 


(841 ) 



22 


Proceedings of the Convention at Washington. 


and morning of the 12th January, and it appears further in evi¬ 
dence, that a part at least of said volunteers voted again, and your 
committee are unanimously of opinion, that said votes were not 
legal votes, and that they ought not to be counted, and in making 
up their report, they have left them entirely out. 

It appears further in evidence that three men on their way from 
the army to the United States, did vote at a house where they 
stopped for the night, and as is certified, their votes were taken 
between the hours of 8 and 9 o’clock at night, your committee are 
unanimously of opinion that the above three votes should not be 
counted, as they were clearly illegal, and have accordingly thrown 
them out, as said persons who so voted, did immediately thereafter 
leave the country, and also that the votes were taken after the time 
of the election. 

Your committee are therefore of opinion, that Mr. S. Rhodes 
Fisher, named, ought to be enrolled among the members of this 
house. 


S. H. EVERITT, 
E. 0. LeGRAKD, ) 
C. B. STEWART, j 


Chairman. 

Committee. 


On motion of Mr. Rusk, 

The report of the committee was received. 

On motion of Mr. Childress, 

Resolved, That inasmuch as there are two contested elections 
pending before this Convention, viz: that election between Messrs. 
McMullen and Bowers, and that between Messrs. Royall and Fisher, 
and inasmuch as there is, and will be, contradictory statements 
and evidence before this body, and probably great uncertainty will 
exist as to who ought to have the seats referred to, and inasmuch 
as there is not time before the probable adjournment of this body 
to refer the questions back to the people for a new election, and 
it is desirable that there should be a full representation of all the 
people, and that the Convention should have the assistance of 
the representations from those municipalities, and that all dis- 
sentions and irritating questions should now be entirely avoided, 

Therefore, Resolved, through the plenary powers vested in this 
Convention, that each of the above named gentlemen be allowed 
to take their seats as members of this body, that those who are 
now here be allowed to do so immediately, and the others when¬ 
ever they may appear and make their application. 

Mr. Childress argued in favor of the resolution, Messrs. Rusk 
and Potter in opposition, and the question being taken thereon 
it was decided in the negative. 

Mr. Legrand asked and obtained leave that Mr. Royall should 
address the Convention in behalf of himself, which he did at some 
length in defence of his right to a seat in the Convention. 

( 842 ) 


Proceedings of the Convention at Washington. 23 

Messrs. Busk and Everett followed in support of the report made 
by the committee on privileges and elections, and the question 
being taken thereon, was decided in the affirmative. 

Mr. Everett, Chairman of the Committee on privileges and elec¬ 
tions, made the following report: 

The committee of privileges and elections respectfully ask leave 
to report that the Honl. John Turner came before said committee 
and attested that his constituents instructed him to protest against 
Mr. McMullen being received as a member of this Convention; that 
the grounds on which the protest was founded, was that many 
volunteers, who desired to vote on the day of election, were not 
allowed to vote by a majority of the judges of the election; that 
he heard at least four say that they intended to vote for Mr. 
Bowers and he is clearly of opinion that many others would have 
voted for Mr. Bowers. Your committee differ in opinion, and re¬ 
spectfully desire the sense of the house to be taken on it. 

Your committee i,s fully of opinion that Mr. Bowers should be 
invited to take a seat in this house. 

S. H. EYEBETT, Chairman. 

C. B. STEWABT. 

Mr. McMullen asked, and obtained leave to address the Conven¬ 
tion in behalf of his right to a seat in the Convention. 

Mr. Turner followed in debate, and the question being taken on 
the Beport of the committee, it was decided in the affirmative; and 

On motion of Mr. Everitt, 

The Sergeant at Arms was instructed to assign a seat to Mr. 
Bowers. 

Mr. Parmer, from the committee to whom was assigned the duty 
to inform the Governor Henrv Smith, and the Lt. Govr. Bobinson 
and Council, and notify them of the formation of the Convention, 
beg leave to report that the committee have performed the duties 
assigned them; and 

On motion of Mr. Parmer, 

The Beport was received and agreed to. 

On motion of Mr. Collinsworth, 

The following Preamble and resolution were introduced: 

Whereas we are now in a state of Bevolution, and threatened 
by a large invading army, from the central government of Mexico; 
and whereas our present situation, and the emergency of the pres¬ 
ent crisis, renders it indispensably necessary that we should have 
an army in the field; and, whereas, it is also necessary that there 
should be one Supreme head or Commander in Chief, and due de¬ 
grees of subordination defined, established and strictly observed. 

Therefore, be it Besolyed, that General Samuel Houston be ap¬ 
pointed Commander in Chief of all the land forces of the Texian 
Army, both regulars, volunteers and militia, while in actual ser- 

( 843 ) 


24 Proceedings of the Convention at Washington. 

• 

vice, and endowed with all the rights, privileges and powers due 
to a Commander in Chief in the United States of America, and 
that he forthwith proceed to take command, establish head¬ 
quarters and organize the army accordingly. 

On motion of Mr. Collinsworth, 

Resolved, that the rule requiring the resolution to lay one day 
on the table, be dispensed with, and that the Resolution be forth¬ 
with put upon its passage. 

On motion of Mr. Gazley, 

The Convention adjourned until 2 o’clock P. M. 

two o’clock, p. m. 

The Convention met pursuant to adjournment. 

On motion of Mr. Collinsworth; 

The resolution laid on the table until two o’clock, being called 
for, and the house sustaining the call, and the resolution being 
read by the secretary, Mr. Gazley offered the following amend¬ 
ment: 

And that Samuel Houston retain such command until the elec¬ 
tion of a chief magistrate of this government, and to continue in 
such office unless, superseded by order of the government, subject, 
however, to the general orders of the government de facto , until 
the general organization agreeable to the constitution, and always 
amenable to the laws and civil authorities of the country. 

The amendment was accepted by the introducer of the resolu¬ 
tion. 

Mr. Everett moved the further amendment by adding the words 
“major general to be,” after the word appointment and before the 
word commander, the amendment being also accepted by the in¬ 
troducer of the resolution. 

The resolution was then put upon its passage, on which a de¬ 
bate arose. Messrs. Collinsworth, Gazley and Thomas, in favor of 
the resolution, and Mr. Potter in opposition; and the question be¬ 
ing taken thereon, it passed in the affirmative. 

On motion of Mr. Everett, that the Convention adjourn: 

Mr. Parmer moved that they adjourn until nine o’clock on Mon¬ 
day next, and urged the propriety of the time mentioned, as there 
were two very important committees, composed of a majority of 
the house, and to give them time to make their report; he hoped 
the house would adjourn until that time. 

And the question being taken, it was agreed to, and so the 
house adjourned until Monday, nine o’clock. 




( 844 ) 


Proceedings of the Convention at Washington. 


25 


SUNDAY, March 6, 1836. 

The President called the Convention together, and informed 
them that he had received by express a letter from Colonel W. 
Barrett Travis, Commandant of the Alamo, at Be jar de San An¬ 
tonio, which required the immediate action of the Convention. The 
letter being read by the secretary, was as follows, to wit: 

COMMANDANCY OF THE ALAMO, ) 
Bejar, March 3d, 1836. j 

Sir: In the present confusion of the political authorities of 
the country, and in the absence of the commander-in-chief, I beg 
leave to communicate to you the situation of this garrison. You 
have doubtless already seen my official report of the action of the 
twenty-fifth ult., made on that day to Gen. Sam. Houston, to¬ 
gether with the various communications heretofore sent by ex¬ 
press, I shall therefore confine myself to what has transpired since 
that date. 

From the twenty-fifth to the present date, the enemy have kept 
up a bombardment from two howitzers, (one a five and a half inch, 
and the other an eight inch,) and a heavy cannonade from two long 
nine pounders, mounted on a battery on the opposite side of the 
■ river, at a distance of four hundred yards from our walls. During 
this period the enemy have been busily employed in encircling us 
with entrenched encampments on all sides, at the following dis¬ 
tance, to wit: • In Bejar, four hundred yards west; in Lavilleta, 
three hundred yards south; at the powder house, one thousand 
yards east by south; on the ditch, eight hundred yards north east, 
and at the old mill, eight hundred yards north. Notwithstanding 
all this, a company of thirty-two men from Gonzales, made their 
way into us on the morning of the first inst. at three o’clock, and 
Colonel J. B. Bonham (a courier from Gonzales) got in this morn¬ 
ing at eleven o’clock, without molestation. I have fortified this 
place, so that the walls are generally proof against cannon balls; 
and I still continue to entrench on the inside, and strengthen the 
walls by throwing up the dirt. At least two hundred shells have 
fallen inside of our works without having injured a single man; 
indeed we have been so fortunate as not to loose a man from any 
cause, and we have killed many of the enemy. The spirits of my 
men are still high, although they have had much to depress them. 
We have contended for ten days against an enemy whose numbers 
are variously estimated at from fifteen hundred to six thousand 
men, with General Ramier Siesma and Colonel Batris, the aid 
de camp of Santa Anna, at their head. A report was circulated 
that Santa Anna himself was with the enemy, but I think it was 
false. A reinforcement of about one thousand men is now en¬ 
tering Bejar, from the west, and I think it more than probable 
that Santa Anna is' now in town, from the rejoicing we hear. 

( 845 ) 


26 Proceedings of the Convention at Washington. 

Col. Fannin is said to be on the march to this place with re¬ 
inforcements, but I fear it is not true, as I have repeatedly sent 
to him for aid without receiving any. Col. Bonham, my special 
messenger, arrived at La Bahia fourteen days ago, with a request 
for aid; and on the arrival of the enemy in Bejar, ten days ago, I 
sent an express to Colonel F., which arrived at Goliad on the next 
day, urging him to send us reinforcements; none have yet arrived. 
I look to the colonies alone for aid; unless it arrives soon, I shall 
have to tight the enemy on his own terms. I will, however, do 
the best I can under the circumstances; and I feel confident that 
the determined valor and desperate courage, heretofore exhibited 
hv my men, will not fail them in the last struggle; and although 
they may be sacrified to the vengence of a Gothic enemy, the vic¬ 
tory will cost the enemy so dear, that it will he worse for him than 
a defeat. I hope vour honorable boclv will hasten on reinforce- 
ments, ammunition, and provisions to our aid as soon as possible. 
We have provisions for twenty days for the men we have. Our 
supply of ammunition is limited. At least five hundred pounds 
of cannon powder, and two hundred rounds of six, nine, twelve 
and eighteen pound balls, ten kegs of rifle powder and a supply of 
lead, should be sent to the place without delay, under a sufficient 
guard. 

If these things are promptly sent, and large reinforcements are 
hastened to this frontier, this neighborhood will be the great and 
decisive ground. The power of Santa Anna is to be met here, or 
in the colonies; we had better meet them here than to suffer a war 
of devastation to rage in our settlements. A blood red banner 
waves from the church of Bejar, and in the camp above us, in token 
that the war is one of vengence against rebels; they have declared 
us as such; demanded that we should surrender at discretion, or 
that this garrison should be put to the sword. Their threats have 
had no influence on me or my men, but to make all fight with 
desperation, and that high souled courage which characterises the 
patriot, who is willing to die in defence of his country’s liberty and 
his own honor. 

The citizens of this municipality are all our enemies, except those 
who have joined us heretofore. We have but three Mexicans now 
in the fort; those who have not joined us, in this extremity, should 
be declared public enemies, and their property should aid in pay¬ 
ing the expenses of the war. 

The hearer of this will give your honorable body a statement 
more in detail, should he escape through the enemy’s lines. 

God and Texas—Victory or Death. 

Your obedient servant, 

W. BARRETT TRAVIS, Lieut. Col. Comm. 

P. S. The enemy’s troops are still arriving, and the reinforce¬ 
ment will probably amount to two or three thousand. T. 

( 846 ) 


Proceedings of the Convention at Washington. 27 

On motion of Mr. Parmer, 

Pesolved, That one thousand copies of Colonel W. Barrett 
Travis’s letter be printed in hand* bill form by the editors, Messrs. 
Baker & Bordens, of San Felipe. 

And the question being taken thereon, it was decided in the 
affirmative. 

Mr. Samuel A. Maverick, from the municipality of Bejar, ap¬ 
peared, produced his credentials and took his seat as a member of 
the Convention. 

On motion of Mr. Childress, 

Resolved , That Captain J. Cook be invited to take a seat within 
the bar of the Convention, in testimony of the regard for the ser¬ 
vices lie has rendered to Texas in her struggle for freedom. 

And the question being taken thereon, it was unanimously de¬ 
cided in the affirmative. 

On motion of Mr. Houston, 

Resolved , That Captain Burk and Lieutenant Thornton, be in¬ 
vited to take a seat within the bar of the Convention as a tribute 
due to their gallantry in defending the cause of Texas. 

And the question being taken thereon, it was unanimously de¬ 
cided in affirmative. 

Mr. S. Bhodes Fisher, from the municipality of Matagorda, ap¬ 
peared and, agreeable to the report of the committee on privileges 
and elections, took his seat as a delegate of the Convention. 

Mr. Houston asked and obtained leave to address the Conven¬ 
tion, explanatory of his former course as commander-in-chief; the 
delicacy of his position under the decrees and orders of the provi¬ 
sional government, tendered his acknowledgements to the Con¬ 
vention for his re-appointment as commander-in-chief, and took 
his leave for the army. 

On motion of Mr. Potter, 

Resolved , That the safety of the country is threatened in a man¬ 
ner which makes it the duty of all her citizens to hasten to the 
field. 

Resolved , That the members of this Convention, while they keep 
steadily in view the organization of the government, will, in the 
present emergency, adjourn to meet in the camp of our country¬ 
men. there or elsewhere to complete the business of the convention. 

Resolved , That a committee of five members be appointed, clothed 
with all the powers residing in the Convention, to raise and organ¬ 
ise the militia and volunteers, provide supplies of provisions and 
ammunition for the troops, and to draft an appeal to the people 
of Texas and to the United States, explaining our situation and the 
motives of our adjournment. 

Mr. Potter advocated the adoption of the resolution; Messrs. 
Collinsworth, Childress, and Rusk, in opposition thereto, and the 
question being taken thereon, it was decided in the negative. 


( 847 ) 


28 Proceedings of the Convention at Washington. 

On motion of Mr. Thomas, 

Resolved , That a standing military committee, consisting of five 
members, be appointed by the President. 

And the question being taken thereon, it was decided in the 
affirmative; whereupon the President appointed Messrs. Collins- 
worth, Rusk, Power, Gaines and Fisher of Gonzales, said com¬ 
mittee. 

Mr. James Woods, from the municipality of Liberty, appeared, 
produced his credentials, and took his seat as a delegate of the 
Convention. 

On motion of Mr. Pennington, 

Leave was given to all the delegates of the Convention, who 
were absent at the time of the adoption of the Declaration of In¬ 
dependence, to sign the same. 

On motion of Mr. Pennington, 

The Convention adjourned till to-morrow morning at nine 
o’clock. 


MONDAY, March 7, 1836. 

The Convention met pursuant to adjournment. 

Mr. Everett, chairman of the committee on privileges and elec¬ 
tions, reported that the committee had examined the credentials 
of election of John W. Moore, of the municipality of Harrisburg, 
and that he is entitled to a seat in this Convention. 

On motion of Mr. Parmer, 

The report was received and agreed to, whereupon Mr. Moore 
took his seat as a delegate of the Convention. 

On motion of Mr. Goodrich, 

Resolved , That a committee of three members of this body he 
appointed to inform our commissioners, now in the United States, 
that we have declared independence, and to urge upon them the 
necessity of using their utmost exertions to bring about as soon as 
practicable, the recognition of the independence of Texas, by the 
Congress of the United States of the north, now in session. 

The resolution lies one day on the table under the rule of the 
Convention. 

Mr. Potter presented a communication from the late Governor 
Henry Smith, which, 

On motion of Mr. Conrad, 

Was laid on the table. 

On motion of Mr. Hardeman, 

The letter of H. Iv. W. Hill, esq., to Mr. George C. Childress, 
enclosing his bill of exchange on Messrs. N. & J. Dick & Co. of 
New Orleans for five thousand, for the use and benefit of Texas, 


( 848 ) 



I 


Proceedings of the Convention at Washington. 29 

enclosed by Governor Smith’s communication, was read by the 
secretary. 

On motion of Mr. Potter, 

Resolved, That the thanks of the Convention be tendered to 
H. Iv. W. Hill, Esq., of Nashville, for his generous and warm heart¬ 
ed offer of assistance to the people of Texas in their struggle for 
independence; and that the President of this Convention commu¬ 
nicate this resolution to Mr. Hill, in such a manner as he may 
deem most acceptable to the feelings of that gentleman. 

And the question being taken thereon, it was decided unani¬ 
mously in the affirmative. 

Mr. Rusk, chairman of the committee appointed to report as 
early as practicable a constitutive act, for the purpose of organiz¬ 
ing the physical force of the country for its defence against its 
enemies, made the following report: 

An Ordinance to organise the Militia of the Republic of Texas . 

Whereas, the present exigencies of the country are such as im¬ 
periously demand the immediate organization of its physical force 
for its prompt and energetic defence, against a large invading army 
. of merciless enemies, who are waging a war of extermination 
against all ages, sexes and conditions of our population; and 

Whereas it is the bounden duty of every man who asks of the 
country protection of his person and property, to stand forth in 
such a crisis in its defence. 

Section 1. Be it, therefore, ordained by the delegates of the 'people 
of Texas, in CConvention assembled, and it is hereby ordained and 
decreed by the authority of the same, That all able bodied males (In¬ 
dians and slaves excepted) inhabitants of Texas, over the age of 
seventeen, and under the age of fifty, and who are not hereinafter 
exempted, shall be liable and subject to do militia duty; Provided, 
also, That all those under and above that age, shall have the privi¬ 
lege of enrolling their names and subjecting themselves to duty. 

Sec. 2. Be it further ordained by the authority aforesaid, That it 
shall be the duty of this Convention to appoint one man in each 
municipality, district or county, whose duty it shall be, within ten 
days after the reception of the notice of his appointment, accom¬ 
panied bv a copy of this ordinance, to take and register, in a book 
to be kept by him for that purpose, the names of all those in his 
district or county, liable to do duty under the provisions of this 
act; true transcript copies of the names so taken, to be made out 
by him, properly certified, one copy to be sent to the executive, one 
to the commander-in-chief of the arnry, and another to be posted 
up at the most public place in the district or county; Provided, 
That in the district or county of Nacogdoches, there shall be one 
additional individual appointed, whose duty it shall be .to make 


54 —VOL. I. 


( 849 ) 


30 Proceedings of the Convention at Washington. 

out separately, the names of all natives therein liable to serve, and 
that they, when drafted or ordered out, shall he organized in a 
separate corps. 

Sec. 3. lie it further ordained, by the authority aforesaid, That 
the executive authority established by the Convention, (and that 
until such authority be established, the President of this body) 
shall have power, at all times, to order out the militia, by draft or 
otherwise, for a term to be specified by him (not to exceed, at any 
one time, six months,) in case the exigencies of the country may 
require it; Provided , That not more than two-tliirds of the militia 
shall be required to be in service at any time, and the militia, when 
so ordered out, shall be under the command and direction of the 
commander-in-chief of the army. 

Sec. 4. Be it ordained by the authority aforesaid , That when the 
service of any portion of the militia shall be required, the Executive, 
or the President of this body, as the case may be, shall issue his 
orders and transmit them to the persons appointed in each district 
or county, setting forth the number of men required from each, 
and it shall be the duty of such person to make out, on separate 
slips of paper, the names of all the persons therein liable to do 
militia duty, which names, when so made out, shall be deposited 
in the manner hereinafter directed in a hat or box, in the presence 
of three disinterested persons, who are not, by the provisions of 
this act, liable to do militia duty, and after the said names shall be 
well mixed up, and shaken by each of the three persons; they shall 
cause to be drawn from the hat or box, one at a time, by a child 
under the age of ten years, the number so required for service. 
The names to be placed in the hat or box in the following manner, 
to wit: The names of all persons who have not been in the service 
shall be placed therein and drawn before the names of those who 
have served, or are now serving, or shall during this campaign, 
and before any draft enter the service; and all those who have served 
for a shorter period than one month, or may in the present cam- 
. paign serve for a shorter period than one month, shall be first 
drawn before those who have or may in this campaign serve for 
one month or upwards. Provided, no person shall be entitled to 
any of the benefits of these exceptions who shall not before the 
dav of the draft, of which five days notice shall be given, furnish 
satisfactory proof, either in writing or by the testimony of two re¬ 
spectable witnesses, to the person appointed to enroll the names, of 
his having performed such service; which names when so drawn 
shall be entered on a list, and certified by the said citizens, and 
copies thereof furnished to the executive and the commander-in¬ 
chief of the army. It shall then be the duty of the persons so ap¬ 
pointed, to muster those so drawn out and registered into service 
on a day to be specified by him, and at-some convenient place in 
the district or county, when they shall proceed to elect suitable 


( 850 ) 


I 


Proceedings of the Convention at Washington. 31 

officers to command them, agreeable to the provisions of the law 
in existence in relation to the organization of the army, which of¬ 
ficers shall be commissioned by the executive officer of the govern¬ 
ment for the time being. 

Sec. -5. Be it ordained toy the authority aforesaid, That every 
person so drawn or drafted as aforesaid, when required to muster 
into service shall be and is hereby required to prepare himself 
with a rifle or musket, one pound of powder, one pound lead, a 
shot pouch, powder horn and knapsack, unless he will swear he 
is unable to do so, without injury to his family. 

Sec. G. Be it ordained by the authority aforesaid, That if any in¬ 
dividual, after having been so drawn and notified, shall fail or re¬ 
fuse to muster into service, either by himself or substitute, with¬ 
out a reasonable excuse, to be judged of by three disinterested per¬ 
sons to be chosen by the person appointed to register the names 
and sworn to decide the same, he shall be forthwith arrested as a 
deserter and tried by a Court Martial and punished agreeable to 
the rules and articles of war of the United States of America in 
time of war. And also on conviction thereof before any court of 
law hereafter appointed, having competent jurisdiction, he shall 
forfeit one half of his property to the use of the Republic, the other 
half shall be vested fully and completely in his wife and children, 
or wife or children if he have any; and he shall never hold any 
office of honor, trust- or profit under the Government, be admitted 
as a witness in court, or vote for any office. 

Sec. 7. Be it ordained by the authority aforesaid, That when an 
individual shall be so drawn and mustered into service, he shall 
not again be required to enter the service until the others who have 
not served shall be drafted in the same manner as before provided. 

Sec. 8. Be it ordained by the authority aforesaid, That it shalT 
be the duty of every individual moving into a district or county 
within ten days after his arrival therein, to report himself to the 
person so appointed in such district or county to enrol the names, 
and on failure to do so he shall be fined the sum of twenty-five dol¬ 
lars, to be collected by the order of any judicial officer by distress 
and sale of his property forthwith, which fine shall be paid into 
the treasury and go to the use of the army. And any persons 
coming into the district or county and remaining there ten days 
without reporting himself for military duty shall be liable to servo 
before all other persons. 

Sec. 9. Be it ordained by the authority aforesaid, That the per¬ 
son so appointed to register the names, shall have power to appoint 
one or more under him, not exceeding five, for the purpose of en¬ 
abling him, with the greater despatch to complete the business: 
provided those appointed under him shall not be thereby exempted 
from doing military dutv. 


( 851 ) 


32 Proceedings of the Convention at Washington. 

Sec. 10. Be it ordained by the authority aforesaid, That in case 
the person so appointed fail or refuse to discharge the duties re¬ 
quired of him by this act, he shall 'be lined the sum of two hun¬ 
dred dollars, to be collected by the order of any civil officer by dis¬ 
tress and sale of his property forthwith. 

Sec. 11. Be it ordained by the authority aforesaid, That in case 
of death, resignation or other vacation of said office, the highest 
civil officer in the district or county or jurisdiction shall discharge 
the duties until the appointment shall be filled by the executive 
officer of the government, who shall have power to fill the same. 

Sec. 12. Be it ordained by the authority aforesaid, That when 
any requisition is made on any district, county or jurisdiction for 
a certain number of men, the citizens of the same shall be at full 
liberty to volunteer their services for the time required, and that 
when they so volunteer and serve, they shall be exempt from further 
service until their time arrives, in the same manner as if they had 
been drafted. 

Sec. 13. Be it ordained by the authority aforesaid, That when¬ 
ever a Regiment, battallion or company present themselves to the 
authorities of the Republic, they shall be received into the service 
for any term, not less than three months or longer than the con¬ 
tinuance of the war, on the same conditions as others; and shall 
have the officers, their numbers entitle them to according to the 
laws, commissioned by the Executive of the Republic, whenever 
said officers shall produce satisfactory evidence of their election by 
the volunteers entering the service. 

Sec. 14. Be it ordained by the authority aforesaid, That all act¬ 
ing judges, postmasters and executive officers of the Government, 
together with those appointed to register the names, shall be ex¬ 
empted from militia duty. 

Sec. 15. Be it ordained by the authority aforesaid, That the 
nav, allowance and rations of the militia shall be the same as here- 
tofore established by the existing laws and ordinances on that sub¬ 
ject. 

Sec. 16. Be it ordained by the authority aforesaid, That all of¬ 
ficers commissioned by the late provisional government, who are 
not in actual service, and who are not exempt by the provisions 
of this act, shall be liable and subject to draft the same as others; 
provided they do not within ten days after the publication of this 
act repair to the field. 

Sec. 17. Be it ordained by the authority aforesaid, That all 
cases not herein provided for, shall be governed by the military 
Laws of the United States of America, so far as they are applica¬ 
ble to our circumstances and situation. 

Sec. 18. Be it ordained by the authority aforesaid, That this 
ordinance remain in full force for and during the term of twelve 


( 852 ) 


Proceedings of the Convention at Washington. 33 

months from the day of its passage, and no longer, unless sooner 
repealed by a Congress of the Republic. 

On motion of Mr. Parmer, the report was received. 

Mr. Goodrich moved that the rule be dispensed with, and that 
the Convention resolve itself into a committee of the whole upon 
the report forthwith. 

And the question being taken thereon was decided in the nega¬ 
tive. The resolution lies one day on the table, under the rule of 
the Convention. 

On motion of Mr. Gazley, 

Resolved, That military depots be established at the La Bahia 
crossing of the Colorado, and at the town of Mina for the pur¬ 
pose of supplying the army with provisions and munitions of war; 
and that suitable persons be appointed by the Executive Com¬ 
mittee Commissioners at those places to procure corn, cattle, sugar, 
coffee and tobacco, with such arms and munitions of war as may be 
necessary for the troops in service. 

Mr. Goodrich moved to amend by inserting between the words 
“Mina” and “for” “and at the La Bahia crossing of the Brazos;” 
which was accepted by the introducer of the resolution. 

And the question being taken on the adoption of the resolution 
as amended, it was decided in the affirmative. 

Mr. Rusk moved that the resolution be referred to the Militarv 

4 / 

Committee; and the question being taken thereon, it was decided 
in the affirmative. 

Mr. Everitt called for a resolution submitted by him, and laid 
on the table on Friday last, proposing that the Convention ballot 
for a committee, to act as an Executive Committee. 

The Convention sustained the call, and, on motion of Mr. Good¬ 
rich, the resolution was indefinitely postponed. 

On motion of Mr. Collinsworth, 

Messrs. Thomas, Smith, and Menard were added to the Com¬ 
mittee on Military Affairs. 

Messrs. S. Rhodes Fisher, John W. Moore, John W. Bowers and 
Samuel A. Maverick, being absent at the adoption of the Declara¬ 
tion of Independence, asked and obtained leave to sign the same. 

On motion of Mr. Childress, the Convention adjourned till to¬ 
morrow morning at nine o’clock. 


TUESDAY, March 8, 183d. 

The Convention met pursuant to adjournment. 

The President laid before the Convention a communication from 
the late Lieut. Govr. Robinson, which being read by the Secre¬ 
tary, was as follows: 


( 8o3 ) 



34 


Proceedings of the Convention at Washington. 


Executive Department of Texas, ) > 
Washington, March 4, 1836. j 

To the Honl. the President, 

and Members of the Convention: 

Gentlemen,—Having been called upon by the constituted autho¬ 
rities of the country, to exercise the power, and discharge the du¬ 
ties of Governor, according to the second article of the organic 
law, which I have complied with much against my own inclination, 
but in obedience to what I conceived to he my paramount duty 
as Lieutenant Governor, the governor being suspended by the 
competent authority. The right and authority under which I 
exercised this power, and performed these duties, having been 
called in question, and made the foundation of, and the excuse 
for disobedience of orders in some instances^ and doubt and in¬ 
decision in many, very many, highly respectable citizens, to the 
manifest injury of our beloved country; and not wishing to claim 
powers not clearly delegated, and unquestionably given by the 
laws of the land, and sustained by the people of free and independent 
Texas, I have presented the subject before you, for your considera¬ 
tion and decision, and will bow with pleasure to whatever conclu¬ 
sion you may arrive. I know the tenacity with which the human 
heart usually clings to power, and the exercise of a little brief 
authority; hut for myself I do unhesitatingly say that it was with 
great reluctance that I entered upon the discharge of the guberna¬ 
torial duties, and I assure you that I will retire from this situation 
to the tented field, where I hope to render some service, however 
humble, as a private soldier, and I trust I will meet every free¬ 
man who can be spared from other public service. In this her 
Hour of peril and danger, Texas shall not find me wanting in de¬ 
votion to her interest and honor, and this pledge I am now ready 
to redeem with my life. 

Although I entertain no doubt of my right and duty to act as 
the Executive of the Country and, in the words of a distinguished 
statesman of the Land of Washington, “I challenge the test of 
talents and of time” in regard to the purity of my intentions in 
the administration of the government. The course I have pursued 
is marked, (dear and onward. In the last Convention to the 
best of my abilities, independence, and nothing but independence, 
had my unqualified support; and every days experience since that 
time, .satisfies me that a declaration of that kind ought to have 
been made, and any other declaration now, would utterly blast and 
destroy with a fated mildew, the fond hopes of the friends of the 
country, here and elsewhere. Yet for Texas I am, and ever have 
been, ready to make any sacrifice in my power to offer, but that of 
honor and my oath of office. 

Permit me therefore to request your honorable body, so to or¬ 
ganise, constitute and remodel the provisional Government, as to 

( 854 ) 


Proceedings of the Convention at Washington. 


35 


restore harmony, promote union, provide for the common defence 
and general welfare; and that the public interest may not be 
prejudiced or injured by the present unhappy state of dissention 
and disunion. 

Allow me to urge upon you the necessity of doing so with as 
little delay as your other imperative and urgent duties will per¬ 
mit, and I would respectfully say, that I hold my official papers at 
the disposition of the Convention. 

We are now invaded by a ruthless enemy, who gives no quar¬ 
ters, and conscious that a moment ought not to he lost in meeting 
and repelling him, I will not attempt an argument of the question 
of the propriety of such an organization; it must he too plain a 
proposition to need it; and there, is neither time nor place for cold 
debate; but the times call for prompt and energetic action. 

The kindness of friends, the confidence reposed, and the duty 
I owe my country will not permit me to say less, and the urgent and 
imploring call of our invaded homes will not allow me longer to 
trespass upon your valuable time, that can otherwise he profitably 
appropriated. 

That Harmony may prevail in your councils, throughout all 
your arduous labors, as it has in making an unqualified declafation 
of Independence, and the formation of a Constitution thereon for 
our Government may he the happy result, is the sincere hope of 
vour Fellow citizen, 

JAMES W. ROBINSON. 

The President laid before the Convention a communication from 
John McMullen, the late President pro-tem of the late General 
Council, Alexander Thompson and G. A. Patillo, which being 
read bv the Secretarv was as follows. 

Council Room, 
Washington, March 8, 1836. 

To the Honl. the President and members of the Convention: 

The undersigned members of the General Council, have under¬ 
stood, from some source, that the verbal notice given us a few days 
since by a committee of your honorable body, that “the Conven- 
vention were organizedA was deemed a sufficient announcement 
that the powers of the provisional Govt, had ceased. This, from 
our understanding of the organic Law, we did not think to he the 
case, nor that we could be relieved without some declaration on the 
part of the Convention; accordingly, we replied verbally to your 
Committee, that we were ready to deliver the archives of the 
Council into the hands of the Convention, or any authority acting 
as a Government, provisional or otherwise. 

The unfortunate difficulties that arose between the different 
branches of the provisional government, of which it is unneces- 


( 855 ) 


36 Proceedings of the Convention at Washington. 

sary to speak at this time, in some measure crippled its operations 
and prevented it from acting with that energy so necessary in a 
crisis like the present. This state of things, we expected, would 
induce the convention to organize immediately, some temporary 
authority to meet the present exigencies of the country. 

We would not suppose that the convention superseded the pro¬ 
visional government, without some declaration on their part of 
such fact; if it is so deemed by your honorable body, or any au¬ 
thority is designated to receive the archives, we are ready to de¬ 
liver them, and with pleasure return to our homes and the field. 

john McMullen, 

Prest. pro tern, of the Gen. Council. 
ALEX. THOMPSON, 

G. A. PATILLO. 

On motion of Mr. Parmer, 

The communications were referred to the committee on public 
documents. 

Mr. Potter introduced the following preamble and resolution: 

Whereas, the securing to the people of Texas in the fair and un¬ 
disturbed enjoyment of their lands, is an object of paramount con¬ 
sideration with this convention; and, whereas, certain designing 
persons in Texas, combined with others who live in distant parts, 
and are not citizens of Texas, are seeking, under the cover of 
forgery or fraudulent grants, to cheat the people of Texas out of 
large and valuable portions of their lands, which; if not put down, 
would oppress the individual settlers, and cripple the resources of 
the country, so as to put it out of the power of the government to 
. make suitable provisions in lands and otherwise for our volunteers 
now in the field, or who may hereafter serve the public cause; 

Therefore, Resolved, That the committee on the constitution, 
be instructed to inquire into the propriety of inserting in that in¬ 
strument a provision to the following effect, viz: No claim of 
eleven leagues of land or more shall be valid; and all titles issued 
to any individual, under any pretence whatsoever, for more than 
one League and a Labor of Land, (empresarios excepted) shall be 
null and void and of no effect. All titles which may have been 
issued to any individual, under any pretence whatsoever, since the 
act of the late Consultation closing the Land offices, shall be null 
and void and of no effect; and in the future adjustment of land 
titles, not previously located by others, in accordance with the 
principles of this provision, shall enjoy a preference over all other 
persons. This Convention, or the Congress which may succeed it, 
will make provisions for carrying this article into effect; and no 
legislative act, or judicial decision shall ever be made in contra¬ 
diction to the foregoing clause. 


( 856 ) 


Proceedmgs of the Convention at Washington. 


37 


Mr. Pennington offered the following amendment: 

Pesolved, also, that all surveys that have been made since the 
seventeenth day of October last, are null and void, unless the 
grantee, actually resided on the same at the time the survey was 
made, east of the Trinity river. 

M hich was accepted by the introducer of the preamble and reso¬ 
lution. 

On motion of Mr. Potter, that the rule, requiring the preamble 
and resolutions to lay one day on the table, be dispensed with; and 
that the preamble and resolution with the amendment be forth¬ 
with put upon its passage. 

And the question being taken thereon, it was decided in the 
affirmative, by two-thirds of the members present. 

Whereupon the Convention resolved itself into a committee of 
the whole house upon the preamble and resolution, with the 
amendment. 

Mr. Grimes in the chair. 

And after some time spent therein, Mr. Grimes reported that 
the committee of the whole house had had under consideration a 
preamble and resolution, proposing to the committee on the consti¬ 
tution, the propriety of inserting in that instrument a provision, 
that no claim of eleven Leagues of Land shall be valid, and that 
the committee had refused the reference and rejected the preamble 
and resolution. 

On motion of Mr. Grimes, the report was received and agreed to. 

On motion of Mr. Childress, the Convention adjourned till two 
o’clock P. M. 


two o’clock, p. m. 

The Convention met pursuant to adjournment. 

On motion of Mr. Conrad, 

Resolved, that the Convention proceed to ballot for three Com¬ 
missioners whose duties it shall be to proceed to the different Land 
offices of Texas, and examine strictly into the stake and condition 
of the same, the quantity of land still unappropriated, its location 
&c., &c .; the circumstances attending the disposition of all grants 
for more than the quantity of land established by the Colonization 
Laws, to whom granted and for what consideration, and to collect 
all other information in relation to the conducting of land matters, 
which may be considered useful, and report the same to the Exe¬ 
cutive as soon as practicable; also, that it shall be the duty of the 
said commissioners, to take custody of all titles, books, and papers 
whatsoever, connected with the Land office, and convev them to 
the seat of Government, if considered safe from the ravages of the 
enemy, or if not, to such other place or places as may be deemed 
proper. 

Which lies on the table one day, under the rule of the house. 

( 857 ) 


38 Proceedings of the Convention at Washington. 

Mr. Busk called for the report made by the committee to draft 
a constitutive act to organize the physical force of the country, 
which was laid on the table on Friday last; and the house sus¬ 
tained the call, and the report being read, 

On motion of Mr. Bunton, the convention resolved itself into a 
committee of the whole upon said report, Mr. Thomas in the chair; 
and after some time spent therein, the committee rose, and Mr. 
Thomas reported that the committee of the whole house had had 
under consideration, the report of the committee appointed to draft 
a constitutive act, to organize the physical force of the country, had 
instructed him to report progress and ask leave to set again. 

On motion of Mr. Thomas, the report was received. 

On motion of Mr. Mottlev, 

Resolved, That a committee of three be appointed to examine the 
subject in relation to the Mexican prisoners, and report to this 
house the best course to be adopted in regard to their future dis¬ 
position, and that they have power to retain said prisoners. 

On motion of Mr. Thomas the resolution was laid on the table. 

Mr. Busk introduced the following preamble and resolution: 

Whereas information having reached this convention of the em¬ 
bodying of a large force of Indians, above the San Antonio road, 

Be it resolved by this convention, that Captain Black and Cap¬ 
tain Bennett, be authorized to raise a company of volunteers, not to 
exceed fifty men, and proceed forthwith to the place specified, to 
disperse them, and after so doing, proceed to Bexar. 

Resolved, further, that said captains Black and Bennett, be au¬ 
thorized to press provisions, if not to be obtained otherwise, and ‘ 
draw upon the future government of Texas for the reasonable ex¬ 
penses of said expedition. 

And the question being taken thereon, it was decided in the af¬ 
firmative. 

The President laid before the convention the petition of J. G. 
Bobertson, praying to be discharged from imprisonment. 

On motion of Mr. Busk, the petition was laid on the table. 

On motion of Mr. Pennington. 

Resolved, That the late Governor Smith, the late Lieutenant Gov¬ 
ernor Bobertson, and the late Council, be required to lay before 
this house the names of all the officers of the regular army, ap¬ 
pointed by the council of the provisional government, giving infor¬ 
mation as far as possible when they were appointed, where they are 
located, and upon what duty, if any, and their grade, together 
with all other officers appointed in the ranging corps. 

Resolved , That a committee of two be appointed to wait on the 
late Governor Smith, the late Lieutenant Governor Bobertson, and 
the late Council, with copies of this resolution, and request them 
to furnish said information. 


( 808) 


Proceedings of the Convention at Washington. 39 

And the question being taken thereon, it was decided in af¬ 
firmative. 

Whereupon, the president appointed Messrs. Pennington and 
Badggett, said committee. 

On motion of Mr. Hardeman, 

Resolved, That all subjects not directly connected with the con¬ 
stitution of this republic, lay on the table until that instrument he 
adopted by this convention. Which, on motion of Mr. Collinsworth, 
was laid on the table. 

On motion of Mr. Parmer, 

Resolved, That all commissioned officers in the regular army, 
who have not the number of men required by law, under their 
command, or who are not in the field, shall be subject to draft the 
same as private citizens. 

And the question being taken thereon, it was decided in the 
affirmative. 

On motion of Mr. Parmer, 

The convention adjourned till to-morrow morning, nine o’clock. 


WEDNESDAY, March 9, 1836. 

The Convention met pursuant to adjournment. 

Mr. Parmer, chairman of the committee appointed to draft a 
constitution, made the following report: 

We, the people of Texas, in order to form a government, estab¬ 
lish justice, ensure domestic tranquility, provide for the common 
defence and general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish this con¬ 
stitution for the republic of Texas. 


ARTICLE I. 

Section 1 . The powers of this government shall be divided 
into legislative, executive and judicial. All legislative power here¬ 
in granted, shall be vested in a senate and house of representatives, 
which shall be styled the congress of the republic of Texas. 

Sec. 2. The members of the house of representatives shall be 
chosen every } r ear, on the first Monday of October, by the qualified 
electors, and shall serve for the term of one vear from the day of 
the commencement of the general election. 

Sec. 3. No person shall be a representative unless he be a citizen 
of the republic, and an inhabitant of the county, district or muni¬ 
cipality for which he shall be chosen, and shall have obtained the 
age of twenty-one years. 


( 859 ) 



40 Proceedings of ike Convention at Washington. 

Sec. 4. The general congress shall, at their first session, and 
every three years thereafter, until the year eighteen hundred and 
fifty, then every six years, cause an enumeration to he made of the 
inhabitants of the republic. At the first session, after making such 
enumeration, the number of representatives shall he fixed and ap¬ 
portioned ampng the several counties entitled to separate repre¬ 
sentation, according to the respective number of citizens, and the 
said apportionment, when made, shall not be subject to altera¬ 
tion until after the census shall be taken. 

Sec. 5. The house of representatives shall not consist of less 
than twenty-four, nor more than forty members, until the popu¬ 
lation amounts to more than one hundred thousand, (100,000.) 
after that, the whole number of representatives shall never be less 
than forty members, nor more than one hundred; Provided, how¬ 
ever, That each county shall be entitled to one representative. 

Sec. 6. The house of representatives shall choose their own 
speaker and other officers; and shall have the sole power of im¬ 
peachment. 

Sec. 7. The senators shall be chosen by districts, as nearlv 
equal in number of white inhabitants as may be; each district shall 
be entitled to one representative and no more; Provided, That the 
number of senators shall never be less than one-third, nor more 
than one-half, of the whole number of representatives. 

Sec. 8. Senators shall be chosen for the term of three vears, 
and shall reside in the district for which they were elected; and 
shall have attained the age of thirty vears. 

O J 

Sec. 9. At the first session of congress, after the adoption of the 
constitution, the senators shall be divided, by lot, into three classes 
as equal as may be. The seats of the senators of the first class 
shall be vacated at the end of the first year, of the second at 
the end of the second year, of the third class at the end of the 
third year, so that one-third shall be chosen every year. 

Sec. 10. The vice president of the republic shall be president of 
the senate, but shall not vote unless they be equallv divided. 

Sec. 11. The senate shall choose their other officers, and their 
president pro tempore, in the absence of the vice president, or 
when he exercises the office of president; shall have the sole power 
of impeachments; when sitting for that purpose shall be under 
oath, and no person shall be convicted without the concurrence of 
two-thirds of the members present. 

Sec. 12. Indictment, in cases of impeachment, shall not extend 
further than removal from office, and disqualification to hold any 
office of honor, trust or profit under this government. But the 
party convicted shall be liable to indictment, trial, judgment and 
punishment, according to law. 

Sec. 13. Each house shall be the judge of the elections, quali¬ 
fications, and returns of its own members. Two thirds of each 


( 800 ) 


Proceedings of the Convention at Washington. 


41 


house shall constitute a quorum to do business, hut a smaller, shall 
adjourn from day to day, and may compel the attendance of ab¬ 
sent members. 

Sec. 14. Each house may determine the rules of its own pro¬ 
ceedings, punish its members for disorderly behavior, and with 
the concurrence of two thirds, may expel a member, but not a 
second time for the same offence. 

Sec. 15. Senators and representatives shall receive a compensa¬ 
tion for their services, to be ascertained by law; but no increase 
of compensation shall take effect during the session at which such 
increase shall have been made. They shall, in all cases, except 
treason, felony, and breach of peace, be privileged from arrest 
during the session of congress, or in going to or returning home 
from the same; and for any speech or debate in either house, they 
shall not be questioned in any other place. 

Sec. 16. Each house may punish by impeachment during their 
session, any person, not a member, who shall be guilty of any dis¬ 
respect to the house, by any disorderly conduct in their presence. 

Sec. 17. Each house shall keep a journal of their proceedings, 
and publish the same, except such parts as, in their judgment, re¬ 
quire secrecy. When any three members shall desire the yeas and 
nays on any question, they shall be entered upon the journals. 

Sec. 18. Neither house, without the consent of the other, shall 
adjourn, for more than three days, nor to any other place than 
that in which the two houses may be setting. 

Sec. 19. When vacancies happen in either house, the executive 
shall issue writs of election to fill such vacancies. 

Sec. 20. No bill shall become a law until, on three several days 
it be read in each house, unless in cases of immergency, two- 
thirds of the house where the bill shall be depending, may deem it 
expedient to dispence with the rule. 

Sec. 21. After a bill has been rejected, no bill containing the 
same substance shall be passed into a law during the same session. 

Sec. 22. The style of the laws of this republic shall be, “Be it 
enacted by the republic of Texas, in general congress assembled” 

Sec. 23. No person holding any office under this government, 
to which any emolument is attached, shall be a member of either 
house during his continuance in office. Nor shall any senator or 
representative receive an appointment to any office, which was cre¬ 
ated, or emoluments increased during the time for which he was 
elected. 

Sec. 24. No collector or holder of public monies shall have a 
seat in either house of the congress, until he has accounted for, 
and paid over to the treasurer, all sums for which he may be liable. 

Sec. 25. Any member of either house may dispute and protest 
anv act or resolve, and have his reasons entered on the journal. 


(861 ) 


\ 


42 Proceedings of the Convention at Washington. 

Sec. 26. No money shall he drawn from the public treasury 
hut in consequence of appropriations made by law. And no appro¬ 
priations for local or private purposes shall be made, except by the 
concurrence of two thirds of the members of each house. 

Sec. 27. Every bill which shall have passed both houses of con¬ 
gress, shall, before it becomes a law, be presented to the president 
of the republic of Texas; if he approve he shall sign it, but if not, 
he shall return it, with his objections, to that house in which it orig¬ 
inated, who shall enter the objections at large on the journals, and 
proceed to reconsider it. If two thirds of both houses approve of 
the purpose of the bill on a reconsideration, it shall become a law; 
but the votes of both houses shall be taken by yeas and nays and 
entered on the journals of each respectively. If a bill shall not be 
returned by the president within five days (Sunday excepted) after 
it shall be presented to him, the same shall be a law in like manner 
as if he had signed it, unless adjournment of congress prevents its 
return. 

Sec. 28. Every order, resolution or vote, to which the concur¬ 
rence of both houses may be necessary, (except on a question of ad¬ 
journment,) shall be presented to the president, and before they 
take effect shall be approved by him, or being disapproved, shall 
be passed by two-thirds of the senate and house of representatives. 


ARTICLE II. 

Sec. 1. Congress shall have power to levy and collect taxes, 
duties, impost and excises; to borrow money on the credit of the 
republic of Texas, to pay the debts and provide for the common 
defence and general welfare of the country. 

Sec. 2. To regulate commerce with foreign nations and with the 
Indian tribes. To coin money, regulate the value thereof and of 
foreign coin. To fix the standard of weights and measures; but 
shall not make anything but gold and silver a lawful tender in 
payment of debts. 

Sec. 3. To establish post offices and post roads. 

Sec. 4. To declare war, to grant letters of marque and reprisal, 
and make rules concerning captures on land and water. 

Sec. 5. To provide and maintain a navy, to raise and support 
armies, and to make rules for the government and regulation of 
the land and naval forces. 

Sec. 6. To provide for calling forth the militia to execute the 
laws of the republic, suppress insurrection and repel invasion. 

Sec. 7. To make all laws which shall be necessary and proper 
for calling into execution the foregoing powers, and all other 
powers vested bv this constitution in the government of the re¬ 
public of Texas, or in any department or officer thereof. 


( 862 ) 


Proceedmgs of the Convention at Washington 


43 


ARTICLE III. 

Sec. 1 . The supreme executive of this republic shall be styled 
the president of the republic of Texas. 

Sec. 2. The president shall be elected for the term of three 
years, by the qualified voters of members to congress, and at the 
same time and place designated for electing senators and repre¬ 
sentatives. The person having a majority of all the votes given, 
shall be president. If no person have a majority of all the votes 
given, then the house of representatives shall immediately choose, 
vive voce, one of the two who have received the highest number 
of votes, who shall be the president. 

Sec. 3. The returns of every election for president shall be 
sealed up, and transmitted to the seat of government by the re¬ 
turning officers, or holders of elections, directed to the speaker of 
the house of representatives, who shall open and publish them in 
the presence of a majority of the members of each of the houses of 
congress. 

Sec. 4. He shall be thirty-five years of age and a citizen of this 
republic at the time of the adoption of this constitution, or shall 
have been an inhabitant of this republic at least three years pre- / 
ceding his election. / 

Sec. 5. He shall commence the execution of his office' on the 
second Monday in November next after his election, and continue 1 
in the execution thereof until his successor shall have taken the 
oath prescribed by this constitution. 

Sec. 6 . The president, at stated times, shall receive for his ser¬ 
vices a compensation, which shall be neither increased nor dimin¬ 
ished during the term for which he shall be elected. Before he 4 
enters on the duties of his office, he shall take the following oath: 

Sec. 7. He shall be commander-in-chief of the army and navy 
of this republic, and the militia thereof, but lie shall not command 
personally in the field, unless he shall be advised so to do by a 
resolution of the general congress. And he shall have power to re¬ 
mit fines and forfeitures, to grant reprieves and pardons for of¬ 
fences against the republic of Texas, except in cases of impeach¬ 
ment. 

Sec. 8. He shall have the power, by and with the advice and 
conscent of the senate, to make treaties: Provided , Two-thirds of 
the senators present concur. And he shall, by and with the ad- 4 
vice and concent of the senate, appoint ministers and consuls, 
and all officers whose offices are established by this constitution, 
or shall be established by law, and whose appointments are not 
herein otherwise provided for. 

Sec. 9. The president shall have power to fill all vacancies that 
may happen during the recess of the senate, by granting commis¬ 
sions which shall expire at the end of the next session. 

( SOS ) 


44 Proceedings of the Convention at Washington. 

Sec. 10. He shall, from time to time, give congress information 
of the state of the republic, and recommend to their consideration 
such measures as he shall judge necessary. He may, on extra¬ 
ordinary occasions, convene both houses of congress, or either of 
them. In case of disagreement between them as to the time of ad¬ 
journment, he may adjourn them, to such time as he may think 
proper. He shall receive all public ministers; he shall see that the 
laws be faithfully executed, and shall commission all the officers 
of the republic. 

Sec. 11. There shall he a seal of the republic, which shall be 
kept by the president and used by him officially, and shall be 
called the great seal of the republic of Texas. 

Sec. 12. All grants and commissions shall be in the name and 
by the authority of the republic of Texas, be sealed with the seal 
and signed by the president. 

Sec. 13. A secretary of the republic shall be appointed and 
commissioned during the term of four years, he shall keep a fair 
register of all the official acts and proceedings of the president, 
and shall, when required, lay the same and all other papers, min¬ 
utes, and vouchers relative thereto, before the general congress, 
and shall perform such other duties as shall be enjoined on him 
bv law. 

it 

ARTICLE IV. 

Sec. 1. Every free white male citizen of the age of twenty-one 
years and upwards, and being an inhabitant of the county or dis¬ 
trict, shall be entitled to vote for member of the general congress 
for the county or district in which he may reside. 

Sec. 2. All elections shall be by ballot. 

Sec. 3. All elections by joint vote of both houses of congress 
shall be vive voce, and each vote entered on the journals. 

Sec. 4. A vice president shall be chosen at every election for 
president, in the same manner, continue in office the time, and pos¬ 
sess the same qualifications. In voting for president' and vice presi¬ 
dent, the electors shall distinguish whom they vote for as presi¬ 
dent and whom as vice president. 

Sec. 5. In case of impeachment, removal from office, death or 
resignation, or absence from the republic of the president, the vice 
president shall exercise all the powers appertaining to the office 
of president until another be duly qualified, or the president ab¬ 
sent, or impeached, shall return, or be acquitted. 

Sec. 6. The president, vice president, and all civil officers of 
the republic, shall be removed from office on impeachment, and 
for conviction of treason, bribery, and other high crimes and mis¬ 
demeanors. 


( 864 ) 


Proceedings of the Convention at Washington. 


45 


JUDICIARY—ARTICLE Y. 

Sec. 1 . The judicial power of the republic of Texas shall he 
vested in one supreme court, and in such inferior courts as the 
congress may, from time to time ordain and establish. 

Sec. 2. The judges of the supreme and inferior courts shall 
hold their otfices for four years, eligible to a re-election; and shall, 
at stated periods, receive for their services a compensation, which 
shall not he diminished during their continuance in office. 

Sec. 3. They shall have exclusive admiralty and maritime 

jurisdiction, and original jurisdiction in all civil cases where the 

matter in controversv amounts to one hundred dollars. 

*/ 

Sec. 4. The judges, by virtue of their offices, shall be conserva¬ 
tors of the peace throughout the republic. The style of all process 
shall be “the Republic of Texas;” all prosecutions shall be carried 
on in the name, and by the authority, of the republic of Texas, 
and conclude, “against the peace and dignity of the republic of 
Texas.” 

Sec. 5. There shall be a district attorney appointed for each 
district; their duties, salaries, perquisites and term of service, shall 
be fixed by law. 

Sec. 6. There shall be in each county, a county court, and such 
justices’ courts as the congress may establish. 

Sec. 7. The republic shall be divided into convenient counties, 
but no new county shall be established containing a less quantity 
than six hundred and twenty-five square miles, nor except on the 
petition of one hundred free male inhabitants, within the limits or 
bounds of such new county, prayed to be laid off. 

Sec. 8. There shall be appointed, for each county, a conven¬ 
ient number of justices of the peace, one sheriff, one coroner, one 
trustee, and a sufficient number of constables, who shall hold their 
offices for two years; to be elected by the qualified voters of the 
district or county, as congress may direct. Justices of the peace 
and sheriffs shall be commissioned by the president. 

Sec. 9 . All proceedings in courts of justice shall be in conform¬ 
ity to the common law, as is applicable to the situation of the 
republic, and not inconsistent with this constitution, shall be the 
common law r of the land, but no penalty shall be inflicted under 
said law, except fine and imprisonment; but congress may, from 
time to time, alter or abolish such portions of said common law 
as they may think proper. 

Sec. 10 . Every person who shall be chosen, or appointed to any 
office of trust or profit shall, before entering on the duties thereof, 
take an oath to support the constitution and also an oath of office. 

Sec. 11. That each member of the senate and house of repre¬ 
sentatives shall, before they proceed to business, take an oath to 


55 —vol. i. 


( 865 ) 


46 Proceedings of the Convention at Washington. 

support the constitution, and also the following oath: I, A. E. 
do solemnly swear that as a member of this general congress I will, 
in all cases, vote without favor, affection, partiality or prejudice, 
and that I will not propose or assent to any bill, vote or resolution, 
which shall appear to me injurious to the people. 


ARTICLE VI. 

Sec. 1 . No minister of the gospel, priest or ecclesiastic shall 
hold any office in the republic. 

Sec. 2. The clerks of the district and supreme courts shall he 
appointed by the judges of the respective courts. 

Sec. 3. The judges may he removed from office by the presi¬ 
dent, on a concurrent vote of both houses; two-thirds of each house 
must concur in such vote, and the causes of such removal shall he 
entered on the journals of each house. The judge, against whom 
the congress may he about to proceed, shall receive notice thereof, 
accompanied with a copy of the causes alleged for his removal, 
at least thirty days before the day on which either house of the 
general congress shall sit thereupon. 

Sec. 4. The judges of the district and supreme courts, and the 
district attornies, shall be at least twenty-five years of age, and 
shall he learned in the law. 

Sec. 5. The supreme court shall consist of a chief justice and 
associate judges. The district judges shall compose the associate 
judges, a majority of which, with the chief justice,, shall constitute 
a quorum. 

Sec. 6. The supreme court shall have appellate jurisdiction 
only, which shall he co-extensive with the limits of the republic, 
and shall hold its session annually, at such time and place as may 
he fixed by law. 

Sec. 7. The judges of the supreme and district courts shall be 
elected by joint ballot of both houses of congress. 

Sec. 8. The republic of Texas shall be divided into convenient 
judicial districts, not lass than three, nor more than eight; there 
shall be appointed for each district a judge, who shall reside in 
the same, and hold his term at such times and places as congress 
may direct. 

Sec. 9. In all admiralty and maritime cases, in all cases affect¬ 
ing ambassadors, public ministers or consuls, and in all capital 
cases, the district court shall have exclusive original jurisdiction. 


( 866 ) 


Proceedings of the Convention at Washington. 47 

SCHEDULE. 

Sec. 1 . That no inconvenience may arise from the adoption 
of this constitution, it is declared by this convention, that all laws 
now in force in Texas, and not inconsistent with this constitution, 
shall remain in full force, until declared void, repealed, altered, or 
expire by their own limitation. 

Sec. 2. All lines, penalties, forfeitures and escheats which have 
heretofore accrued to Coahuila and Texas, shall accrue to the re¬ 
public. 

Sec. 3. Every male citizen, who is by this constitution a citi¬ 
zen and shall be otherwise qualified, shall be entitled to hold any 
office or place of honor, trust or profit under the republic, any¬ 
thing in this constitution to the contrary notwithstanding. 

Sec. 4. The first president and vice president who shall be 
appointed after the adoption of this constitution, shall be chosen 
by this convention, who shall immediately enter on the duties 
of their offices, and shall hold said offices until their successors 
be elected and qualified as prescribed in article — and section —• 
of this constitution, who shall have the same qualifications, in¬ 
vested with the same powers, and perform the same duties, which 
is required of and conferred on the executive head of the repub¬ 
lic by this constitution. 

Sec. 5. The president shall issue writs of election, directed to 
the officers authorized to hold elections in the several counties, 
requiring them to cause an election to be held for president, vice 
president, representatives and senators to congress, at the time 
and mode prescribed by this constitution; which election shall be 
conducted in the manner that elections have been heretofore con¬ 
ducted. The president, vice president, and members of congress, 
when duly elected, shall continue to discharge the duties of their 
respective offices for the term and in the manner prescribed by this 
constitution, until their successors shall be duly qualified. 

Sec. 6 . Until the first enumeration shall be made as directed 
by this constitution, the precinct of Austin shall be entitled to 
one representative; the precinct of Brazoria, two representatives; 
the precinct of Bexar, two representatives; the precinct of Colo¬ 
rado. one representative; Sabine, one; Gonzales, one; Goliad, one; 
Harrisburg, one; Jasper, one; Jefferson, one; Liberty, one; Mata¬ 
gorda, one; Mina, two; Nacogdoches, two; Bed Biver; three; Vic¬ 
toria one; San Augustine, two; Shelby, two; Befugio, one; San Pa¬ 
tricio, one; Washington two; Milam one and Jackson one repre¬ 
sentative. 

Sec. 7. Until the first enumeration shall be made as pre¬ 
scribed by the constitution, the senatorial districts shall be com¬ 
posed of the following precincts: Bexar shall be entitled to one 


( 867 ) 


48 Proceedings of the Convention at Washington. 

senator; San Patricio, Refugio and Goliad one; Brazoria, one; 
Mina and Gonzales, one; Nacogdoches, one; Red River, one; Shel¬ 
by and Sabine, one; Washington, one; Matagorda, Jackson and 
Victoria, one; Austin and Colorado, one; San Augustine, one; 
Milam, one; Jasper and Jefferson, one; Liberty and Harrisburg 
one senator. 

Sec. 8. All judges, sheriffs, commissaries and other civil 
officers, shall remain in office and in the discharge of the powers. 
and duties of their respective offices, until there shall be others 
appointed or elected under the constitution. 

The declaration of rights hereunto annexed, is declared to be a 
part of the constitution of the republic, and shall never be vio¬ 
lated on any pretence whatever. And in order to guard against 
transgressions of the high powers which we have delegated, we de¬ 
clare, that every thing in the bill of rights contained, and every 
other right, not hereby delegated, are reserved to the people. 


DECLARATION OF RIGHTS. 

Sec. 1 . That all men, when they form a social compact, are 
equal in rights; and that no man or set of men, are entitled to 
exclusive public privileges or emoluments from the community. 

Sec. 2. That all political power is inherent in the people, and all 
free governments are founded on their authority, and instituted 
for their benefit; and they have at all times an undeniable right 
to alter their form of government in such manner as they may 
think expedient. 

Sec. 3. No preference shall be given by law to any Christian 
sect or mode of worship, and every person shall be permitted to 
worship Almighty God according to the dictates of his own con¬ 
science. 

Sec. 4. Every citizen may freely speak, write and publish his 
. own sentiments on all subjects, being responsible for the abuse of 
the same. 

Sec. 5. No law shall ever be passed to curtail the liberty of 
speech or the press. In all prosecutions for libels, the truth may 
be given in evidence, and the jury shall have the right to de¬ 
termine the law and the fact, under the direction of the court. 

Sec. 6. The people shall be secure in their person, houses, 
papers and possessions, from any unreasonable search or seizures; 
and no warrant to search any place or to seize on any person or 
things, shall issue, without describing them as nearly as may be, 
nor without probable cause, supported by oath or affirmation. * 

Sec. 7. In all criminal prosecutions the accused shall be heard 
by himself and counsel; to demand the nature of the cause of the ac- 


( 868 ) 


, Proceedings of the Convention at Washington. 49 

cusion; to be confronted by the witnesses against him; to have com¬ 
pulsory process to obtain witnesses in his favor. And in all prosecu¬ 
tions by presentment or indictment, a speedy public trial by an im¬ 
partial jury. He shall not be compelled to give evidence against him¬ 
self, nor be deprived of life, liberty or property, but by due course 
of law. And no free man shall be holden to answer for any crimi¬ 
nal charge but by presentment, indictment or by a grand jury, 
except in the land or naval forces, or in the militia, when in actual 
service, in time of war or public danger, or in case of impeach¬ 
ment. 

Sec. 8. No citizen shall be taken, or imprisoned, or dispos¬ 
sessed of his freehold, liberties, or privileges, or outlawed, or ex¬ 
iled, or in any manner disfranchised, or deprived of his life, lib¬ 
erty or property, but by the law of the land. 

Sec. 9. No title of nobility, hereditary privileges or honors, shall 
ever be granted or conferred in this republic. No person holding 
any office of trust or profit, shall without the consent of congress, 
receive from any foreign state any present, office or emoluments 
of any kind. 

Sec. 10. No person for the same offence shall be twice put in 
jeopardy of life or limb. And the right of trial by jury shall remain 
inviolate. 

Sec. 11. All persons shall be bailable by sufficient sureties, un¬ 
less for capital crimes, when the proof is evident or the presump¬ 
tion strong; and the privilege of the writ of habeas corpus, shall 
not be suspended except in cases of rebellion or invasion, the pub¬ 
lic safety may require it. 

Sec. 12. Excessive bail shall not be required, nor excessive fines 
imposed, or cruel or unusual punishments inflicted. All courts 
shall be open, and every man for an injury done him in his lands, 
goods, person or reputation, shall have remedy by due course of 

law. 

Sec. 13. The person of a debtor, when there is not strong pre¬ 
sumption of fraud, shall not be imprisoned, after delivering up his 
estate for the benefit of his creditor or creditors, in such manner 
as may be prescribed by law. No person shall he imprisoned for 
debt in consequence of inability to pay. 

Sec. 14. No person’s particular services shall be demanded nor 
property taken or applied to public use, unless by the consent of 
himself or his representative, without just compensation being 
made therefor according to law. 

Sec. 15. Everv citizen shall have the right to bear arms in 
defence of himself and the republic. 

Sec. 16. The military shall in all cases and at all times be in 
strict subordination to the civil power. 

Sec. 17. The sure and certain defence of a free people is a 
well regulated militia; and it shall be the duty of the legislature 


( 869 ) 


50 Proceedings of the Convention at Washington. 

to enact such laws as may be necessary to the organization of this 
republic. 

Sec. 18. Treason against the republic, shall consist only in 
levying war against it, or adhering to its enemies, giving them aid 
and support. 

Sec. 19. No retrospective, or expose facto law, or law impair¬ 
ing the obligations of contract shall be made. 

Sec. 20. Perpetuities and monopolies are contrary to the gen¬ 
ius of a free government, and shall not be allowed; nor shall the 
law of primogeniture or of entailments be ever in force in this 
republic. 


GENERAL PROVISIONS. 

Sec. 1 . The republic of Texas shall include all the country 
formally known as the province of Texas; but the people reserve 
to themselves exclusively the right of hereafter settling the limits 
and boundaries of the same. 

Sec. 2. All lands liable to taxation shall be classed into first, 
second and third class, divided into first, second and third quality, 
and shall be taxed according to their several qualities. 

Sec. 8 . Laws shall be made to exclude from office, sufferage and 
from serving on juries, those who shall hereafter be convicted of 
bribery, perjury, forgery or other high crimes and misdemeanors. 

Sec. 4. Returns of all elections for officers who are to be com¬ 
missioned by the president, and for members of the general con¬ 
gress, shall be made to the secretary of the republic. 

Sec. 5. The president and heads of departments shall keep their 
offices at the seat of government, unless removed by the permission 
of congress. 

Sec. 6 . The president shall make use of his private seal until 
a seal of the republic shall be provided. 

Sec. 7. It shall be the duty of congress, as soon as circumstances 
will permit, to provide by law a general system of education. 

Sec. 8. All free white persons who shall emigrate to this re¬ 
public, who shall, after a residence of six months, make oath be¬ 
fore some competent authority, that he intends to reside perma¬ 
nently in the same, and shall swear to support this constitution, 
and that he will bear true allegiance to the republic of Texas, 
shall be entitled to all the privileges of citizenship. 

Sec. 9. So soon as convenience will permit, there shall be form¬ 
ed a penal code, on principles of reformation and not of vindictive 
justice; and the civil and criminal laws shall be revised, digested' 
and arraigned under different heads. The laws relating to land 
titles shall be translated, revised and promulgated. 


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Proceedings of the Convention at Washington. 51 

Sec. 10. All persons who shall leave the country for the pur¬ 
pose of avoiding a participation in the present struggle, or shall 
refuse to participate in it, or shall give aid or assistance to the 
present enemy, shall forfeit all right of citizenship, and such lands 
as they may hold in this republic. 

Sec. 11. There shall be a tribunal established by law, from 
whose decision there shall he no appeal, for the adjudication of all 
land titles within the republic; but no claim shall he confirmed 
by said tribunal until Congress shall have passed on the same; nor 
shall congress act on any claim or grant which originated previous 
to the adoption of this constitution, before the same shall be re¬ 
commended bv said tribunal for confirmation. 

Sec. 12. So soon as practicable there shall be established a 
land office, under such regulations as congress niay direct; pro¬ 
vided, however, that all those who are entitled to lands under this 
constitution shall have a preference over all others. 

The public lands being the only resource and wealth of the 
republic, congress shall have no power to give or grant them away, 
except for a price to be fixed by law. Actual settlers shall have 
a preference of purchase at the minimum price, so as to include 
his'improvement, on such terms as may he regulated by law; pro¬ 
vided, however, that nothing herein contained will prevent con¬ 
gress providing for the army during the present struggle. 

Sec. 13. All persons (slaves and Indians excepted) residing in 
Texas on the day of the declaration of independence, shall be 
considered as citizens of the republic, and entitled to all the privi¬ 
leges as such. Everv man of a familv, being a citizen, shall have 
confirmed to him a league and a labor of land; and every single 
man of twenty-one years of age and upward, and such volunteers 
as may serve faithfully for the term of six months, being citizeps, 
shall have confirmed to him one third of a league of land. And 
all citizens now actually settled on lands, shall be privileged to 
include their improvements in their location, over all other claims 
whatever, except those settlers who have obtained possession of 
their settlements by lease or rent; and the citizens aforesaid, shall 
not be required to reside on the lands so confirmed to them, but 
shall have their boundaries plainly marked. 

Sec. 14. All lands within the limits of this republic, which are 
vacant or not held agreeably to law, shall belong to and consti¬ 
tute a fund for the use of the republic; provided, however, that 
nothing herein contained shall be so construed so as to prejudice 
the rights of citizens provided for in this constitution. 

Sec. 15. Whereas, it is believed by this convention that great 
frauds have been committed in obtaining grants for lands and ord¬ 
ers for surveys in Texas, do hereby declare all sales of lands made 
by the legislature of Coahuila and Texas, and located in Texas, 
and all lands, the locations of which are unauthorized by law; 


( 871 ) 


52 Proceedings of the Convention at Washington. 

and all grants, the conditions whereof have not been complied 
with; and all grants or titles issued in violation of the laws of the 
consultation; and all titles that may be hereafter issued unless 
under the authority of this constitution; and all grants that may 
have been antidated, shall be null and void. Provided there be 
nothing herein contained to prejudice the grants of lands obtained 
under the colonization law. 

Sf.c. 16. Where an actual settler on lands hath obtained an 
order of survey from a commissioner lawfully authorized to act 
as such; the survey already actually made shall be valid, provided 
it does not interfere with any other actual settler. 


SLAVES. 


Sec. 1 . All persons of color who were slaves for life, previous 
to their emigration to Texas, and who are now held as bonded 
servants or otherwise, shall remain in the like state of servitude 
in which they would have been held in the country from which 
they came; provided the person or slave be the bona fide property 
of the person holding the same, either by purchase or otherwise. 
Congress shall pass no law to prohibit emigrants from the United 
States of America, from bringing their slaves with them, and hold¬ 
ing them on the same terms and b} r the same tenure as they were 
held in the country from which they were brought. Congress 
shall have no power to pass laws for the emancipation of slaves; 
nor shall any person holding slaves be permitted to emancipate 
them, unless he remove them beyond the limits of this republic; 
unless, in case of meritorious conduct on the part of the slave, 
and bv the consent of the legislature first had and obtained. 

Uo free person of African descent shall be permitted to emigrate 
and reside in this republic, unless by special act of congress, which 
must specify the person by name. 

Congress may by legislative acts compel the owners of slaves to 
treat them with humanity, and provide them with sufficient food 
and clothing; and may prevent their introduction, as merchandise, 
or from any other country except that of the United States of 
America. 

Sec. 2. In the prosecution of slaves for crimes, no inquest of 
a grand jury shall be necessary, but the proceedings thereof shall 
be regulated by law, except in capital cases; the general congress 
shall have no power to deprive them of a trial by jury. 

Any amendment or amendments to this constitution, may be 
proposed in either house of congress, and if the same be agreed 
to by a majority of the members of each house, such proposed 
amendment or amendments shall be entered on the journals with 
the yeas and nays taken thereon; and it shall be published at least 


( 872 ) 


Proceedings of the Convention at Washington. 53 

three months previous to the election for members to said con¬ 
gress; and if in congress next chosen as aforesaid, such amend¬ 
ment or amendments shall be agreed to by two thirds of all the 
members elected to each house, then it shall be the duty of the 
congress to submit such proposed amendment or amendments to 
the people, in such manner and at such time as congress may 
prescribe; and if a majority of the qualified voters for members 
to congress, shall ratify the same, such amendment or amendments 
shall become a part of this constitution; provided, however, that 
amendment or amendments be not submitted more than once in 
three years. 

On motion of Mr. Parmer, the report was received. 

On motion of Mr. Everett, 

The Convention resolved itself into a committee of the whole 
upon the report, Mr. Everett in the chair; and after some time spent 
therein, 

On motion of Mr. Poherts, 

The committee rose, and Mr. Everett reported that the com¬ 
mittee of the whole house had had under consideration the report 
of the committee, appointed to draft a constitution, and instructed 
him to report progress and ask leave to sit again. 

On motion of Mr. Thomas, 

The Convention adjourned till two o’clock, p. m. 

two o’clock, p. m. 

The Convention met pursuant to adjournment. 

On motion of Mr. Thomas, 

The Convention resolved itself into a committee of the whole 
house upon the report of the committee to draft a constitution, 

Mr. Thomas in the chair, and after some time spent therein, 

On motion of Mr. Rusk, 

The committee rose, and Mr. Thomas reported that the com¬ 
mittee of the whole, had had under consideration the report of 
the committee appointed to draft a constitution, and instructed 
him to report progress and ask leave to sit again. 

On motion of Mr. Thomas, the report was received. 

Mr. Collinsworth, chairman of the committee on public docu¬ 
ments, made the following report: 

In regard to the loan contracted by your commissioners in the 
United States, your committee are of opinion that it is not so ad¬ 
vantageous to this government as could have been desired. But 
when it is considered that the late consultation had declared for 
the republican principles of the constitution of eighteen hundred 
and twenty-four, which gave us no distinct national existence; 
which declaration, however proper at the time, tended very much 
to abate the enthusiasm felt in our behalf. And when it is fur¬ 
ther considered, that this fact alone rendered any security on Texas < 


( 873 ) 




54 Proceedings of the Convention at Washington. 

extremely precarious, and that too, at a time when our national 
existence depended upon the immediate reception of money, pro¬ 
visions and arms, to carry on the war, your committee are satis¬ 
fied that the loans submitted were the best that could have been 
made under the circumstances. 

Add to this the great importance of at all times preserving good 
faith as a nation, your committee are of opinion that it is due to 
your commissioners, and to yourselves, that the loans should be 
unhesitatingly ratified. 

Your committee having also had under consideration the treaty 
made by your late commissioners, with the small tribes of Indians 
specified in said treaty, are of opinion that said treaty is probably 
as favorable as could have been made at the time under all the 
circumstances, and recommends its ratification. 

They have also had under consideration the proposition of John 
T. Lamar, which proposition is herewith submitted as part of this 
report, and recommend its adoption. 

JAS. COLLINSWORTH, Chairman, 

Mr. Childress introduced the following preamble and proviso: 

Whereas, the African slave trade being abhorent to the laws of 
God and the feelings of all civilized nations, the encouragement 
of such inhuman traffic shall be made piracy by the laws of the 
land, and all persons legally convicted, before the legitimate trib¬ 
unals, of being hereafter engaged in it, either directly by captur¬ 
ing Africans, or purchasing them out of slave ships, or knowingly 
from those who may have previously bought them, shall suffer 
the punishment of death, and such captured persons to be dis¬ 
posed of in such manner as may be hereafter prescribed by con¬ 
gress; Provided, That this article shall not be construed to pro¬ 
hibit emigrants from bringing their slaves into the country, and 
that no free people of color shall ever be admitted to reside in the 
republic after the ratification of this constitution. 

On motion of Mr. Rusk, 

The resolution was referred to the committee to draft the con¬ 
stitution. 

On motion of Mr. Menifee, 

The Convention adjourned till to-morrow morning at nine 
o’clock. 


Proceedings of the Convention at Washington . 


55 


THURSDAY, March 10, 1830. 

The Convention met pursuant to adjournment. 

On motion of Mr. Rusk, 

Resolved, That the late Governor Henry Smith, the late Lieu¬ 
tenant Governor Robertson, the late Council, the late Treasurer, 
the late Auditor and Comptroller of public accounts, be requested 
to deliver to the house, all the books, papers, journals, correspond¬ 
ence, contracts, orders, laws, and all other papers connected with 
or relating to their several offices. 

Resolved , That the secretary of the house make out, and hand 
forthwith, to each of the before mentioned individuals, each a 
copy of this resolution, and request of them the hooks and papers 
referred to. 

And the question being- taken thereon, it was decided in the 
affirmative. 

Mr. Gains, chairman of the committee appointed to examine 
and report upon the subject of the future disposition of the Mexi¬ 
can prisoners, made the following report: 

That all commissioned officers and chaplains in the Mexican 
army, who are now are may he taken prisoners, shall be held in 
close confinement, and shall he responsible to. pay for their sup¬ 
port; they shall he from time to time subject to he exchanged 
according to the usages of war, or as this government may here¬ 
after think proper. 

All non-commissioned officers and privates shall he distributed 
amongst the inhabitants of Texas, under such rules as this gov¬ 
ernment may adopt, always being subject to be exchanged and 
dealt with according to the rules of war; that the said prisoners 
shall be compelled to do bodily labor for their support, and that 
said inhabitants will be compelled to treat said prisoners as Mexi¬ 
can hired servants. 

Should any of said prisoners desert, they shall be tried by a 
court martial and punished accordingly. 

On motion of Mr. Gains, the report was received. 

Mr. Hardeman called for the resolution laid on the table, pro¬ 
posing to lay all subject matter on the table, not connected with 
the constitution, until the adoption of that instrument, and the 
house sustained the call. 

Whereupon, Mr. Rusk offered the following amendment: “Un¬ 
less taken up by two thirds of the house, without debate,” which 
was accepted by the introducer of the resolution. 

And the question being taken on the adoption of the resolution 
with the amendment, it was decided in the affirmative. 

The president laid before the Convention, the letter of Mr. G. B. 
Franks; and 


( 875 ) 


56 


Proceedings of the Convention at Washington. 


On motion of Mr. Childress, the same was referred to the com- 
mitte on military affairs. 

On motion of Mr. Potter, 

Resolved, That all persons (slaves and Indians excepted) residing 
in Texas, on the day of the declaration of independence, shall be 
considered as citizens of the republic, and entitled to all the privil¬ 
eges as such. The citizens of Texas shall he entitled to, and are here¬ 
by confirmed in their lands, in the following manner and propor¬ 
tions, viz: every man of family shall be entitled to a league and 
a labor of land, and every single man, of the age of twenty-one 
years, shall be entitled to a third of a league of land; which several 
portions of land, the persons entitled to the same, shall be privi¬ 
leged to locate on any vacant lands; and all citizens now settled in 
Texas, shall, in the location of their lands, be entitled to include 
their settlement in preference over all other persons or claims, what¬ 
ever; except those from whom such settler may have received his 
settlement, by rent or lease; and it shall not be obligatory on the 
settler, to live on his land, but he shall have the lines plainly 
marked. 

And, whereas, there is good reason to believe that manv fraud- 
ulent grants of land, or grants the condition of which have never 
been complied with, have been located in Texas: therefore, 

Be it ordained, that the first congress which shall convene under 
the constitution, shall establish such tribunals as it in their wis¬ 
dom may think, proper to adjudicate and determine, without the 
right of appeal or future litigation, the validity of the above men¬ 
tioned grants; provided, however, that in no case whatsoever, shall 
any of the above mentioned grants interfere with the actual settler, 
in the occupancy of the land, or being a citizen of Texas, may 
rightfully claim it as his head right, under this constitution, or the 
colonization laws of the Mexican government. 

Provided, that nothing herein contained, shall deprive any citi¬ 
zen of Texas of rmhts alreadv vested bv the laws of the land. It 

O c. %) 

shall be the duty of congress to provide for the volunteers who 
have so faithfully served Texas in the field, or who may hereafter 
serve against the enemy, by setting apart so much of the most 
valuable portions of the public lands, as will answer that purpose. 
In the event of the death, without will, of any person entitled to 
land under the constitution, or the colonization laws of Mexico, 
his children, or next of kin, shall inherit his land, each and every 
person holding or claiming land in Texas, either in their own 
name or by agent, within six months from the date of the declara¬ 
tion of independence, become citizens of this republic; and reside 
during the war, within the limits of Texas, unless absent on pub¬ 
lic business, or on leave according to law; and in every case of 
failure to comply with this requirement, the individual so failing 
shall forfeit to the republic all interest, right and title, in and to, 


( 876 ) 


Proceedmgs of the Convention at Washington. 


57 


all lands within the limits of Texas, whether claimed or owned 
in their own name, or hv agent; nor shall any alien ever hold land 
within the limits of Texas, whether claimed or owned in their 
own name, or by agent. 

On motion of Mr. Menifee, the preamble and proviso was laid 
on the table. 

Mr. Bunton, chairman of the committee appointed to inquire 
mto, and report npon, the condition of the army, number of of¬ 
ficers, and privates, &c., made the following report: 

Your committee, to whom was referred the present situation of 
the army, and the quantity of public stores,’ and munitions <>f 
war, now on hand, and where deposited, report, that under pres¬ 
ent circumstances, your committee cannot obtain the requisite in¬ 
formation to enable them to make a report correct, in all its de¬ 
tails, they therefore submit the following, for the information. of 
the house, viz: 

The number of officers now in commission are as follows: 

One Major General; one Adjutant General; and the appointment 
of the other officers of the staff of the Major General, to-wit: one 
Inspector General; one Quarter Master General; one Pay Master 
General; one Surgeon General, and four Aid-de-Camps; we cannot 
ascertain. 

The officers of the regular army consist of 

Infantry —One Colonel; one Lieutenant Colonel; one Major; 
Captains, ten in number; first Lieutenants, ten; second Lieuten¬ 
ants, ten. 

Artillery.— One Colonel; one first Lieutenant Colonel; one sec¬ 
ond lieutenant Colonel; one Major; one second Major; Captains, 
ten; first Lieutenants, ten; second Lieutenants,, ten; third Lieu¬ 
tenants, nine. 

Cavalry. —One Lieutenant Colonel; one Major; Captains, six; 
first Lieutenants, six; second Lieutenants, six; Cornets, six. 

Rangers.— One Major; three Captains; three first Lieutenants, 
and three second Lieutenants. 

Volunteer Officers. —One Colonel; one Lieutenant Colonel; 
and one Major; two Captains; one first and one second Lieuten¬ 
ants. 

Your committee will observe, that from the returns herewith 
submitted, they find that one individual holds the rank of colonel 
in the artillery, and also colonel in the volunteer service. 

Of the regular army, there appears to be sixty privates; thirty 
infantry are stationed at Goliad, and thirty cavalry at the fortress 
of P>exar. 

Of the volunteer army, there are 390 at Goliad, commanded by 
Colonels Fannin and Ward, and Major Mitchell; and 130 at Bexar, 
under the command of Lieutenant Colonel Travis. 


( 877 ) 


58 Proceedings of the Convention at Washinqton. 

Tlie officers of the Navy are, one Captain; one first Lieutenant; 
one second Lieutenant, one Third Lieutenant. 

Marine service, one first Lieutenant; one second Lieutenant; 
Surgeons, one. 

Making in all one hundred and twenty-eight commissioned of¬ 
ficers, exclusive of the third one commission of the same individ¬ 
ual. 

Your committee have also learned, (though not officially,) that 
Captain Turner has arrived, on board the Tamaulipas, with a com¬ 
pany of fifty-six men; and that Captain Teal has now under his 
command forty regular troops. 

Statement of the leading articles of provisions belonging to gov¬ 
ernment, and deposited at the following places, to wit: 

Brazoria or Velasco—16,579 pounds of bacon; 154 barrels of 
flour; 207 bushels of corn. 

Matagorda.—389 barrels of flour; 50 do. pease; 25 sacks coffee; 
18 barrels sugar; 20 do. vinegar; 35 boxes soap; 11 do. tobacco; 
40 barrels beans; 2 tierces rice; 1 barrel brandy; 1 do. port wine; 
15 do. bread. 

Munitions of war. 

Velasco or Brazoria.—2000 pounds of lead; 60 bags musket 
balls; 154 kegs powder. 

Velasco.—100 carbines; 75 sabres; 50 pair pistols; 440 muskets; 
200 cartridge boxes with belts. 

Clothing.—Brazoria or Velasco.—200 pair of blankets; 366 
jackets; 366 pantaloons; 570 pair of socks; 62 shirts. 

There are also many smaller articles at each place, the particu¬ 
lars of which will be seen by reference to the accompanying in- 
sxfices, and a quantity of ordnance and munitions at Bexar, as 
per report Yo. 1. 

J. W. BUNTON, Chffi. of Com. 

y 

On motion of Mr. Bunton, the report was received and agreed to. 

On motion of Mr. Zavala, 

Pesolved, That an interpreter shall be appointed by this con¬ 
vention, charged with the duty of translating the constitution and 
laws of this government into the Spanish language; which was 
laid on the table under the rule of the house. 

On motion of Mr. Bunton, the committee appointed to inquire 
into and report upon the condition of the army, number of officers 
and privates, was discharged from further consideration of the 
subject. 

Mr. Gains moved to reconsider the resolution commissioning 
Messrs. Black and Burnett captains, to raise a company of volun¬ 
teers to disperse the Indians, supposed to be embodied near the 
San Antonio road. 


( 878 ) 


Proceedings of the Convention at Washington. 


59 


And the question being taken thereon, it was decided in the 
affirmative. 

Mr. Gains moved that the resolution he recorded. And the ques¬ 
tion being taken thereon, it was decided in the affirmative. 

On motion of Mr. Everett, 

Resolved, That a committee of five be appointed to act as a 
standing committee of finance; which was laid one day on the 
table under the rule of the house. 

Messrs. Badgett and Penington, a special committee appointed 
to wait upon the late Governor Smith, the late Lieutenant Gover¬ 
nor Robertson, and Council, ask for certain papers and informa¬ 
tion, made the following report: 

Your committee, who was appointed to wait on the late Gover¬ 
nor Smith, Lieutenant Governor Robertson and Council, beg 
leave to report tke following: 

Governor Smith states that he is unable to furnish the required 
information, as his archives are in his office at San Philip. Lieu¬ 
tenant Governor Roberson refuses to report to your committee 
as Lieutenant Governor. The Council furnished the following 
information. 

J. B. BADGETT, and 
S. 0. PENINGTON. 

List of officers of the regular army, appointed by the general 
council. 

Infantry.— Edward Burleson, Colonel; Henry Millard, Lt. 
Colonel; Wm. Oldham, Major. 

Captains—James Collinsworth, Andrew Briscoe, James Tarle- 
ton, Amasa Turner, Henry Teal, R. M. Coleman, George F. Rich¬ 
ardson, John M. Allen, John F. Martin, John Bird. 

First Lieutenants—James W. Tinsley, Y. Bennet, J. W. Shep¬ 
ard, Wm. A. Smith, George English, Jabez Fitch, John Bonman, 
Franklin Hardin, F. W. Thornton, Wm. S. Stilwell. 

Second Lieutenants—Milton Hardin, Jefferson Allcorn, - 

McCloskey, D. L. Kokernott, Henry Fisher, Leonard H. Mabbitt, 
Benjamin F. Saunders, Wm. E. Hooth, Martin Iv. Snell, Wm. E. 
Miller. 

Artillery. —James W. Fannin, Jr., Colonel; James C. Neil, 
first Lieut. Colonel; David B. Macomb, second Lieut. Colonel; F. 
W. Johnson, first Major; T. F. L. Parrott, second Major. 

Captains.—Ira Westover, Samuel Williams, I. N. Moreland, 
Peter J. Menard, Geo. W. Poe, James H. Blunt, B. C. Wallace, 
James S. Lester, Joseph Bonnel, Robert L. Morris. 

First Lieutenants.—John D. McAllister, Almerion Dickinson, 
John Henry, John Chaffin, Lucius W. Gates, A. H. Jones, Thomas 
FT. Mclntire, Samuel G. Hanks, Francis White, Prior Bryan. 


( 879 ) 



60 


Proceedings of the Convention at Washington. 


Second Lieutenants.—Joseph Cady, Robert H. Foot, C. R. 
Sharp, Alexander Farmer, Ashmore Edwards, Thomas J. Stans- 
bnry, Monroe Edwards, Dugaid McFarlane, E. B. W. Fitzgerald, 
William Simmons. 

Third Lieutenants. — Wm. C. Wilson, Wm. Eaton, Eobert 1. 
Calder, Walter Lambert, John P. Borden, George Scott, Preston 
Savory, EobT L. Bedding, Bennett McNelly. 

Cavalry.— Wm. B. Travis, Lt. Colonel; Wm. P. Miller, Major. 

Captains.—Jesus Cuellar, Eobert Wilson, John H. Forsyth, B. 
J. White, Haden Edwards, Wm. G. Hill. 

Eirst Lieutenants.—C. K. Simmons, M. W. Smith, Allen Lam- 
son, Wm. M. Eastland, Placido Benavides, Wm. Bracken. 

Second Lieutenants.—Joseph E. Scott, Wm. S. Blount, John M. 
Thruston, Manuel Carbajal, James Drake, I Bevie, Jr. 

Cornetts.—E. Y. Barbs, John V. Morton, Prospect McKay, W. 
0. Llewellin, John Goodrich, Darwin M. Stupp. 

Banging Corps. —E. M. Williamson, Major. 

Captains. — John J. Tumlinson, Wm. W. Arrington, J. W. Bur¬ 
ton. 

First Lieutenants.—George M. Petty, Jesse McCoy, Wade Hor¬ 
ton. 

Sec. Lieutenants.—Joseph W. Eogers, Littleton Tumlinson, 
Thomas Bobbins. 

On motion of Mr. Badgett, the report was received. 

On motion of Mr. Busk, the report was referred to the military 
committee. 

On motion of Mr. Conrad, the convention resolved itself into a 
committee of the whole, upon the report of the committee ap¬ 
pointed to report an ordinance to organize the physical force of 
the country; Mr. Conrad in the chair, and after some time spent 
therein, on motion of Mr. Rusk, the committee rose, and Mr. Con¬ 
rad reported that the committee of the whole had had under con¬ 
sideration, the report of the committee appointed to draft an or¬ 
dinance to organize the physical force of the country, and had 
instructed him to report the same as amended. 

On motion of Mr. Rusk, the rule was dispensed with, and the 
report of the committee of the whole upon the ordinance, reported 
by the committee appointed to organize the physical force of the 
country, w r as read the second time. 

Mr. Parmer moved that the word “sixteen” be stricken out. 

And the yeas and nays being called for by Mr. Parmer, and two 
other members, and was decided in the affirmative. 

Yeas 26, Kays 18. 

Those who voted in the affirmative, are Mr. President, Messrs. 
Barnett, of Austin, Barnett, of Washington, Clark, Crawford, Con¬ 
rad, Everett, Fisher, of Gonzales, Grimes, Goodrich Hardin, Hamil¬ 
ton, Hardeman, Lacy, Legrand, Latimore, Menifee, M’Kinny, 


( 880 ) 


61 


Proceedings of the Convention at Washington. 

Menard, Parmer, Pennington, Stepp, Smyth, Stewart, Taylor and 
Waller. 

Those who voted in the negative, are Messrs. Blount, Badgett, 
Brigham, Bowers, Bunton, Coleman, Childress, Gazley, Mottley, 
Power, Robertson, Rusk, Swisher, Scates, Thomas, Turner, West 
and Woods. 

On motion of Mr. Parmer, the word ‘‘seventeen” was inserted 
in lieu of the word “sixteen.” 

On motion of Mr. Parmer, Messrs. Willis A. Faris, and John 
McLeod, were appointed assistant secretaries of the convention. 

On motion of Mr. Parmer, the house adjourned till three o’clock, 
P. M. 

THREE O’CLOCK, P. M. 

The convention met pursuant to adjournment. 

Mr. Samuel P. Carson, from Red River, appeared, produced his 
credentials and took his seat, and asked and obtained leave to sign 
the declaration of independence. 

On motion of Mr. Conrad, 

Besolved, That the committee on military affairs he instructed to 
report the proper manner of furnishing, both the regular and vol¬ 
unteer army of Texas, with a proper number of Surgeons, and a 
Surgeon General, to the medical department of the army. 

Mr. Conrad moved that the rule be dispensed with; and that the 
resolution be put upon its passage. 

And the question being taken thereon, it was decided in the 
affirmative. 

The question then recuring upon the adoption of the resolution, 
which was decided in the affirmative. 

On motion of Mr. Collinsworth, the convention took up the re¬ 
port of the committee of the whole upon the constitution. 

On motion of Mr. Parmer, the convention took a recess till half 
past seven o’clock. 

HALF PAST SEVEN - O’CLOCK, P. M. 

The convention met pursuant to adjournment, 

The President laid before the house sundry communications, 
and, 

On motion of Mr. Rusk, the same was referred to the committee 
upon public documents. 

Mr. Carson stated that he had received information of the arrival 
of the Brutus and Invincible, at the mouth of the river Brazos, des¬ 
tined for the service of the republic of Texas; and that it was im¬ 
portant to commission those vessels; he would therefore, move that 
a select committee on naval affairs be raised, to inquire into and 
report in relation thereto. 

And the question being taken thereon, it was decided in the 
affirmative. 


56 —VOL. T. 


(881 ) 


y 


62 Proceedings of the Convention at Washington. 

Mr, Carson asked and obtained leave to be excused from serving 
on the committee proposed to be raised. 

Whereupon the president appointed Messrs. Potter, Everett and 
Fisher, of Matagorda, said committee. 

On motion of Mr. Childress, the house again took up the report 
of the committee of the whole upon the constitution. 

On motion of Mr. Carson, after the words, “divided into,” the 
words “three departments,” and shall forever remain separate and 
distinct, were inserted in article third, section first. 

Section 22. On motion of Mr. Menifee, after the words “enacted 
by,” the words “the senate and house of representatives of the,” 
were inserted. 

Sec. 5. On motion of Mr. Childress, after the words “shall be,” 
the words “not less than,” were inserted. 

Sec. 6. On motion of Mr. Rusk, the word, “November,” was 
stricken out, and the word “December” inserted. 

Sec. 10. On motion of Mr. Rusk, the latter clause was stricken 
out, and the following inserted, to wit: “And report the same to 
the senate, within ten days after the next congress may be con¬ 
vened, and if the senate shall reject the same, the president shall 
not renominate the same person for the same office.” 

The president presented the resignation of John Adraham Hizer, 
as door-keeper, which was read and received. 

Mr. Potter from the special committee on naval -affairs, asked 
leave to report, which he did. 

On motion of Mr. Rusk, the report was referred back to the same 
committee. 

On motion of Mr. Parmer, the house adjourned till to-morrow 
morning;, nine o’clock. 


1 | 

FRIDAY, March 10, 1836. 

The convention met pursuant to adjournment. 

The president laid before the house a communication from Mr. 
Samuel St. John, Jun. 

On motion of Mr. Rusk, Resolved , by the convention of the peo¬ 
ple of Texas, that the thanks of this convention, for themselves, 
and upon the part of the people of Texas, be presented to Mr. 
Samuel St. John, Jun., for the liberal donation of five thousand 
dollars, which he has made to our cause, by his letter dated at Mo¬ 
bile, on the 22nd day of February, last. 

Resolved , That the president of this convention communicate to 
Mr. St. John, a copy of this resolution, with a suitable acknowl¬ 
edgment to the generous donor. 

And the question being taken, it was decided in the affirmative. 

Mr. Parmer moved that Mr. A. G. Briscoe, from the municipality 

( 882 ) 


j 



Proceedings of the Convention at Washmgton. 63 

of Harrisburg, be invited to take a seat in this convention, as a 
delegate from said municipality. And the question being put by 
the chair, it was decided in the affirmative. 

On motion of Mr. Rusk, that the rule of the house to prevent 
any further business being taken up, until the completion of the 
constitution, without the concurrence of two-thirds of the house 
be suspended. 

And the motion being taken on suspending the rule, and taking 
up the ordinance in relation to the militia, and physical force of 
the country; and the question having been put by the chair, it was 
unanimously agreed to, and then, on motion of Mr. Rusk, that the 
same be referred to a select committee of three; 

And the question being put by the chair, it was agreed to; where, 
upon. 

The president appointed Messrs. Rusk, Thomas, and Benton, 
said committee. 

On motion of Mr. Carson, 

The original Declaration of Independence was produced by the 
secretary, and signed by James B. Woods and A. Briscoe. 

The convention then proceded to the orders of the day upon the 
constitution; Mr. Thomas in the chair. 

Article 3, sec. 14. On motion of Mr. Carson, strike out the whole 
of said section, and insert in lieu thereof; 

“The president shall have power by and with the advice and con¬ 
sent of the senate, to appoint a secretary of state, and such other 
heads of executive departments as may be established by law;” 

And the question being put by the chair, it was decided in the 
affirmative. 

Sec. 15. On motion of Mr. Gasley, strike out the whole section, 
and insert in lieu thereof: a division of the question was called 
for on striking out, and decided in the affirmative. 

The question then recurred on inserting, and was decided in the 
, affirmative. “Every citizen of the republic who has attained the 
a^e of twentv-one vears, and resides at least six months within the 
district or countv where the election is held, shall be entitled to 
vote for members of the general congress.” 

Mr. Parmer moved to strike out “twenty-one;” and the question 
being taken thereon, it was decided in the negative. 

The yeas and nays being demanded by the number required by 
the rule of the convention; 

Those who voted in the affirmative are Mr. Barnett of Austin, 
Bowers, Bunton, Childress, Clark, Crawford, Goodrich, Lacy, Le- 
grand, Menifee, Motley, Parmer, Pennington, Robertson, Rusk, 
Stepp, Twiner, Waller. 

Sec. 18. Those who voted in the negative are 

Mr. President, Blouut, Brigham, Briscoe, Barnett of Washington, 
Collinsworth, Carson, Conrad, Everett, Fisher of Gonzales, Fisher 


( 883 ) 


J 


64 Proceedings of the Convention at Washington. 

of Matagorda, Gasley, Hardin, Hamilton, Hardiman, Latimer, Mc¬ 
Kinney, Moore, Maverick, Potter, Powers, Roberts, Swisher, Smith, 
Scates, Thomas, Taylor, West,—28. 

Mr. Carson moved the further amendment: “Provided, however, 
all young men, of the age of eighteen years and upwards, who shall 
have served faithfully in the present war for independence, shall be 
entitled to vote in the county in which they reside, for members of 
the general congress, upon their producing certificates of such faith¬ 
ful service.” 

And the question being taken thereon, it was decided in the nega¬ 
tive. 

On motion of Mr. Gasley, the convention adjourned until two 
o’clock, P. M. 

two o’clock, p. m. 

The convention met pursuant to adjournment. 

On motion of Mr. Potter, that John Abram Iveiser, door-keeper 
of the convention, have leave of absence; and that Joshua Canter be 
appointed to fill the vacancy. 

And the question being taken thereon, it was decided in the af¬ 
firmative. 

Sec. 16. On motion of Mr. Barnett, of Washington, that the 
blank be filled “bv ballot:” 

And the question being taken thereon, it was decided in the af¬ 
firmative. 

Mr. Potter, chairman of the committee on naval affairs, asked 
leave to make the following report; and to enable the committee to 
make their report, he would move that the rules be suspended, for 
the purpose of enabling the convention to act upon the report. 

And the question being taken thereon, it was decided in the af¬ 
firmative. Whereupon, 

The report was read, and on motion of Mr. Potter, it was re¬ 
ceived and adopted. 

The 7th section of the constitution being under consideration, 
and on motion of Mr. Ellis, the same was stricken out. 

The 8th section being under consideration, on motion of Mr. 
Carson, the same was stricken out. 

The 12th section being under consideration, Mr. Briscoe moved 
to strike out the same; 

And the question being taken thereon, it was decided in the nega¬ 
tive. 

The 13th section being under consideration. Mr. Grimes moved 
to strike out “six hundred and twenty-five,” and insert “nine hun¬ 
dred;” < 

And the question being taken thereon, it was decided in the 
affirmative. 


(884) 


Proceedings of the Convention at Washington. 


65 


The 15th section being under consideration, Mr. Maverick moved 
to strike out the whole of the section. 

And the question being taken thereon, it was decided in the nega¬ 
tive. 

On motion of Mr. Rusk, the rule was so far suspended as to au¬ 
thorise the house to take up the following preamble and resolu¬ 
tion. 

Whereas, the late provincial government of Texas has ceased 
from the exercise of its functions, and whereas, the power of ex¬ 
tending pardon to persons convicted of crime, was by the late con¬ 
vention, vested in the governor and council, the two co-ordinate 
branches of that government: and whereas, this convention is ex¬ 
pressly vested by the terms of their election, with plenary power, 
touching the well-being of Texas: and whereas, the power of con¬ 
ferring relief, from the severity and extreme rigor of the law, in 
peculiar cases, is an important, and sometimes a deeply interesting 
function of government, which should never be permitted to lapse 
into nonentity, or which is fully equivalent to revert to the people, 
the source of all power, who are incapable of the specific exercise 
of any; therefore, be it, and it is hereby 

Resolved, That the power of granting pardon or reprieve, in all 
cases of judicial conviction of crime, resides in this convention, 
and may be rightfully exercised by them. 

On motion of Mr. Rusk, that the papers of John M. Smith and 
others, be referred to a select committee of five, with leave to re¬ 
port upon the same: 

Whereupon, the President appointed Messrs. Rusk, Childress, 
Conrad, Barnett, of Washington and Waller. 

On motion of Mr. Zavala, 

Resolved. That an interpreter be appointed by the convention, 
charged with the duty of translating into the Spanish language 
the constitution and laws of the republic of Texas; 

And the question being taken thereon, it was decided in the af¬ 
firmative. 

Mr. Rusk presented the petition of Col. Morgan; which was re¬ 
ceived and referred to a select committee of three; 

And the question being taken thereon, it was decided in the 
affirmative: 

Whereupon the President appointed Messrs. Rusk, Carson and 
Hardeman said committee. 

On motion of Mr. Barnett, of Washington, 

Resolved, That the committee on military affairs be instructed to 
draw up and to report to this convention, a commission for Joseph 
T. Bennett, captain of a volunteer company, now at this place; 
and that he, the said Bennett, be authorized to draw upon the gov¬ 
ernment for all sums necessary to provision his company on their 
march, to whatever point they may be ordered; 

( 885 ) 


\ 


66 Proceedings of the Convention at Washington. 

And the question being taken thereon, it was decided in the af¬ 
firmative. 

On motion of Mr. Hardeman, the house adjourned until ten 
o’clock to-morrow morning. 


SATURDAY March 11, 1836. 

The convention met, pursuant to adjournment. 

Mr. Collins worth, chairman of the committee on military af¬ 
fairs, made the following report; to wit: 

Convention Hall, March 12, 1836. 

To Captain Joseph L. Bennett .— Sir, —You will proceed imme¬ 
diately to the head quarters of the commander-in-chief, and report 
yourself to him: upon which, and being mustered into service, lie 
will forward to the proper authority the necessary certificate; and 
commissions for yourself and inferior company officers will be 
regularly issued. On your way to head quarters, you will be au¬ 
thorized to purchase, on the credit of the government, such pro¬ 
visions as may be necessary for the use of your company, enjoining 
on you strict economy. And when you cannot otherwise obtain 
provisions, you are authorized to press such as may be absolutely 
necessary: but in doing this, you will act with the greatest forbear¬ 
ance, and m such manner as to avoid, as far as possible, all indi¬ 
vidual distress: and should it be necessary for you to kill any stock, 
you will keep an account of the marks and brands, so that tlieir 
proper owners may be compensated: and when you purchase pro¬ 
visions on the faith of the government, you will give the owners 
certificates therefor. 

JAS. COLLINS WORTH, 

Chairman of committee on 
military affairs. 

Which, on motion, was received and concurred in. 

Mr. Rusk, chairman of the select committee to whom was re¬ 
ferred the memorial of James Morgan,made and submitted the fol¬ 
lowing report thereupon, towit: 

“The com. to whom was referred the petition of J. Morgan Esq. 
beg leave to make the following report:—That they have had the 
said petition under consideration and are of opinion, that the pro¬ 
visional government had no authority vested in them to lay impost 
duties; and therefore propose the following resolution: 

Besolved that the act laying imposts, passed by the provisional 
government is null, void and of no effect; and therefore 


( 886 ) 



Proceedings of the Convention at Washington. 67 

Resolved that the said J. Morgan as well as all others, of whom 
duties may have been demanded under the provisions of that act, 
be released therefrom. 

Be it further Resolved, that should any monies have been col¬ 
lected bv any officers under said law, it shall be refunded to the 
persons by whom it has been so paid over: 

Which was received, and on motion concurred in by the con¬ 
vention. 

Mr. Rusk, chairman of the select committee, to whom was re¬ 
ferred the petition of John M. Smith and Wm. M. Smith praying a 
pardon from the sentence of death for murder, have had the same 
under consideration, and are of opinion, that the case is one having 
merits, which the time of this convention will not permit them prop¬ 
erly to investigate; and in order to give the applicants an opportu¬ 
nity of presenting their petition to the executive hereafter to be ap¬ 
pointed, they therefore propose the following resolution. 

Resolved, That the execution of the sentence pronounced against 
Jno. M. Smith and William M. Smith be suspended until the first 
day of May next. 

Which was on motion received and concurred in. 

The secretary of this convention who was required by a resolution 
of the body to call on the late officers of the provisional govern¬ 
ment, for the papers connected therewith—which was received and 
on motion laid on the table. 

On motion of Mr. Rusk, the rule of the house was suspended, and 
the ordinance, to organize the Physical Forces reported by the com¬ 
mittee charged with that duty, was read.— 

On motion of Mr. Potter the house resolved itself into a commit¬ 
tee of the whole, upon the ordinance reported as aforesaid. 

Mr. Potter in the chair, and taken up section by section. 

On motion of Mr. Gazley the com. of the whole rose, and reported 
the bill with sundry amendments. 

The President resumed his seat. 

On motion of Mr. Gazley the ordinance so reported by the com. 
of the whole, was laid on the table until two o'clock; and on motion 
the house adjourned until that hour. 


two o'clock, p. m. 

The Convention met pursuant to adjournment. 

Mr. Collinsworth submitted sundry public documents from 
Messrs. McKinney & Williams, which Avere on motion referred to 
the committee on finance. 

Mr. Barnett of Washington introduced the following preamble 
and resolutions: 

Whereas Capt. John W. Peacock, a citizen of Perry county, in the 
State of Tennessee, and IT. S. of America, animated by a noble and 
generous svmpathy for the people of Texas in their hour of need, 


( 887 ) 


68 Proceedings of the Convention at Washington. 

gave up the comforts and security of his home to bring to their aid 
a gallant band of his countrymen; and whilst courageously engaged 
among the storming columns that led the attack on San Antonio 
received a musket ball in his body, of which he is since dead. 

Resolved, That the memory of Capt. John W. Peacock deserves 
to be held in sacred remembrance by the people of Texas, and while 
they deplore his lamented death, they are not insensible to the obli¬ 
gation of making provision for his family; therefore, Be it resolved 
by the delegates of the people of Texas in general convention assem¬ 
bled and it is hereby ordered by authority of the same, That the 
wife and children of said John W. Peacock or their agent be and is 
hereby authorized to locate a league and labor of land, on any va¬ 
cant lands of the Republic of Texas, to be held and divided by and 
between his wife and children, according to the laws of descent of 
the State of Tennessee: and 

Be it further resolved by the authority aforesaid That—David 
Murphy be and is hereby appointed agent for & in behalf of the 
widow & children of said Capt Jno. AY. Peacock with full power and 
authority to take possession of the papers, property, money and ef¬ 
fects left-by him the said Peacock in Texas, and preserve the same 
for the benefit of his family.” 

AYhich on motion was adopted. 

On motion of Mr. Barnett this resolution was directed to be print¬ 
ed in the public papers of Texas, and the town of Shelbyville in the 
State of Tennessee of the U. S. of A. 

On motion of Air. Rusk the rule of the house was suspended to 
take up the ordinance as reported by the com. of the whole, to or¬ 
ganize the physical forces. 

The ordinance was taken up, and on motion of Mr. Potter the 
words “free persons of color” were stricken out of the exception in 
Section 1. 

Mr. Potter introduced a resolution to amend the 2nd section as 
follows by adding the words “making in separate columns the names 
of Mexicans, and those of other persons within the municipalities 
of Nacogdoches, Bexar, Refugio, and San Patricio,” and on the 
question being taken, it was decided in the negative. 

Mr. Potter introduced the following as an amendment to section 
2nd to-wit: “Provided that whenever the militia of any munici¬ 
pality may be embodied for the public service, the white men shall 
be organized in separate companies and have the entire control of 
the election of their officers.” 

Mr. Rusk offered the following in lieu of Mr. Potter’s amend¬ 
ment which was accepted by him, towit: “Provided that in the 
municipality of Nacogdoches there shall be one additional individ¬ 
ual appointed, whose duty it shall be to make out separate, the 
names of all natives therein liable to serve, and that they when 


( 888 ) 


Proceedings of the Convention at Washington. , 69 

drafted or ordered out, shall be organized in separate corps,” where¬ 
upon, the question being taken was decided in the affirmative. 

Mr. Pennington dissenting, presented the following as his pro¬ 
test: 

“That no minor shall be disfranchised in consequence of failing 
to muster into service agreeably to this article.” 

S. 0. PENNINGTON. 

Mr. Powers introduced the following amendment: “and any per¬ 
son coming into any municipality, and remaining there ten days 
without reporting himself for military duty shall be liable to serve 
before all other persons.” 

Mr. Carson introduced the following section as an amendment. 

Section 18. Be it ordained by the authority aforesaid That this 
ordinance remain in full force for and during the term of twelve 
months from the day of its passage and no longer, unless sooner 
repealed by a Congress of the republic,” which was on motion ac¬ 
cepted. 

On motion of Mr. Rusk, the rule of the house was suspended, 
and the ordinance to organize the militia taken up and put upon 
its last reading. Whereupon, the question being taken upon the 
passage of the ordinance, the same was decided in the affirmative 
and ordered to be enrolled. 

On motion of Mr. Rusk the chair appointed Messrs. Rusk, 
Thomas, and Childress a Com. to inspect the enrolment of the ordi¬ 
nance bills. 

Mr. Gazlev introduced the following resolution: 

Resolved that six hundred copies of the militia laws be printed 
in hand bill form: and that twenty of said Copies be immediately 
forwarded to the first judge of each municipality in Texas, who 
are hereby required to distribute the same among the people. 

Resolved that the said law be inserted in the Telegraph and 
Texas Register, printed at San Felipe de Austin. 

Resolved That a Com. of three be appointed to carry the fore¬ 
going resolutions into effect: which on motion was adopted. 
'Whereupon the chair appointed Messrs. Gazlev, Brigham, and 
Everett a committee. 

On motion of Mr. Scates, the Rainbow and star of five points 
above the western horizon: and the star of six points sinking below, 
was added to the flag of Mr. Zavala accepted on Friday last. 

Air. Taylor introduced the following resolution: Resolved that 
the word “Texas” be placed, one letter between each point of the 
star on the national flag. 

Mr. Waller introduced the following resolution: Resolved that 
Peter Bertrand of the municipality of Brazoria be appointed to 
organize and draft the militia agreeably to an ordinance made by 
this convention: which was adopted. 


( 8S9 ) 


70 Proceedings of the Convention at Washington. 

Mr. Bunton introduced the following resolution:—Resolved that 
the Com: on Military affairs be instructed to report a plan to this 
house, by which supplies, arms, munitions &c. may be immediately 
despatched to the seat of war: which was adopted. 

On motion of Mr. Rusk. Resolved that Mr. Goodrich be ap¬ 
pointed a committee to procure a suitable room in which to deposit 
the public archives. 

Mr. Childress introduced the following resolution: Resolved that 
a single star of five points, either of gold or silver, be adopted as 
the peculiar emblem of this republic: & that every officer & sol¬ 
dier of the army and members of this convention, and ail friends 
of Texas, be requested to wear it on their hats or bosoms: which 
was adopted. 

On motion of Mr. Gazley, the house adjourned till tomorrow, 
9. o’clock. 


'{fa 


SUNDAY, 9 o’clock, a. m. 

The convention met pursuant to adjournment. 

The communication of Mr. Moody auditor of public accounts of 
the late provisional government was received and laid on the table. 

Mr. Goodrich, chairman of the Com. appointed to procure a 
suitable room for depositing the archives of the late provisional 
government, made a report which was received and concurred in. 

On motion the chairman appointed Messrs. Carson and Fisher 
of Matagorda a Com. to forward commissions &c. to our naval com¬ 
manders. 

Mr. Pennington introduced the following resolution: Resolved 
that a Com. of three be appointed to receive, examine and reciept 
for [certain accounts not found herein]. 

Messrs. Pennington, Barnett of W. and Stewart were appointed 
bv the President the committee. 

Mr. Turner introduced the following preamble and resolutions, 
“Whereas several families from the neighborhood of San Patricio, 
San Antonio & Refugio, whose husbands and fathers are in the 
field have been driven bv the enemv from their homes, and are now 
in the colonies without homes or means of support: Be it therefore 
Resolved That the agents, contractors and quartermasters be in¬ 
structed and required to furnish such families with the necessary 
rations for their support and sustenance, while their husbands and 
fathers are in the field:”—which was laid on the table till to¬ 
morrow. 

Mr. Rusk introduced the following resolutions: 

Resolved that a standing Com. on the state of the Republic be 
appointed by the President: which was laid on the table, under 
the rule, till tomorrow. 


( 890 ) 





Proceedings of the Convention at Washington. 71 

Resolved that a Com. of five be appointed as a standing Com. 
of finance; which was accepted. • 

Whereupon the president appointed Messrs. Collinsworth, Gaz¬ 
ley, Hamilton, Childress and Goodrich. 

Mr. Brigham introduced the following resolution: 

Resolved bv this Convention that a National bank be founded, 
and that the provisional government when formed may grant a 
charter to that effect: which was laid on the table under the rule 
of the house. 

On motion of Mr. Parmer the house took a recess till the hour 
of two o’clock. 


two o’clock, p. m. 

The‘Convention met and was called to order by the President. 

Mr. Parmer chairman of the Com. on the constitution asked and 
obtained leave to make a further report on the Constitution: the 
same on motion was received. 

Mr. Parmer chairman of the Constitution Com. asked that the 
Com. be discharged; which was granted. 

On motion, the report of the Com. made on the Constitution to¬ 
day was taken up and read. 

On motion of Mr. Gazley the house resolved itself into a Com. 
of the whole upon the Constitution. Mr. Gazley in the chair. 

On motion of Mr. Potter the committee rose, reported progress 
and asked leave to sit again: which was granted. 

Mr. Carson introduced the following resolution: 

Resolved That a standing committee of five on naval affairs be 
appointed to draw up and forward all necessary instructions and 
orders for the government of the officers of our navy; and the 
chairman thereof is hereby empowered to sign all communica¬ 
tions in his official character as chairman; and which instructions 
and orders when agreed on by the committee, and so signed, shall 
be binding on the officers to whom directed. It shall be the fur¬ 
ther duty of said chairman to make out Copies of all such com¬ 
munications and file them with the Secretarv of this Convention 
for the use of the government: which was adopted. 

Whereupon the President appointed Messrs. S. Rhoades Fisher, 
Chairman, Hamilton, Zavala, Gazley and Carson. 

The Standing Committee on Naval affairs by their Chairman 
S. R. Fisher reported that they had appointed and commissioned 
the following persons officers in the naval service of Texas, towit: 

George Wheelright, Captain to schooner Liberty; Charles Haw¬ 
kins, Captain to schooner Independence Jeremiah Brown captain 
to schooner Invincible; William A. Hurd, Captain to schooner 
Brutus; Arthur Robertson, Captain of Marines. All bearing date 
the 12th of March 1836.—Also that they had forwarded letters 


(891 ) 


72 


Proceedings of the Convention at Washington. 


of instructions to said officers, copies of which were retained and 
hied with the Secretary of this Convention. 

On motion of Mr. Gazley the Convention adjourned until to¬ 
morrow morning 9 o’clock. 


MONDAY, March 14, 1836. 

Convention met pursuant to adjournment. 

Mr. Carson asked leave to be excused from serving on the Naval 
committee, which request was granted; and the President appoint¬ 
ed Mr. Waller to fill the vacancv. 

On motion of Mr. Powers, Resolved that a government brand 
be adopted, which will he placed on all horses, mules, oxen, carts, wag¬ 
gons and other property of the Republic, as the nature of the case 
may be; and it is hereby made the duty of the officers in charge of 
such property, to see the same carried into effect. 

On motion of Mr. Potter the same was referred to the Commit¬ 
tee on State affairs. 

On motion of Mr. Everett the house resolved itself into a com¬ 
mittee of the whole on the Constitution. Mr. Everett in the chair; 
and after some time spent therein, on motion of Mr. Gazley the 
committee rose. 

Whereupon Mr. Everett reported that the committee of the 
whole had had under their consideration the report of the commit¬ 
tee on the Constitution and had instructed him to report progress, 
and ask leave to sit again; which report was received and agreed to. 

On motion of Mr. Gazley the Convention adjourned until two 
o’clock, P. M. 

two o’clock, p. m. 

The Convention met pursuant to adjournment. 

On motion of Mr. Potter, Resolved, that a committee of five be 
appointed to draft a provision for the constitution on the subject of 
lands: and the question being taken thereon, it was decided in the 
affirmative. 

Whereupon the President appointed Messrs. Potter, Carson, Chil¬ 
dress, Fisher and Coleman. 

The President laid before the Convention a communication from 
Mr. Wm. S. Fisher, collector at Velasco, which was read, and on mo¬ 
tion of Mr. Potter referred to the com. on Naval affairs. 

The President laid before the Convention the report of the audit¬ 
or of public accounts, which are as follows, to wit: 

“Washington, March 7, 1836. 

The Honb. Prest. & members of the Convention. In conformity 
with the existing laws, I beg leave to report the amount of the 

( 892 ) 



Proceedings of the Convention at Washington. 73 

government debts from 1st Jany. 1836 to 7tli March inclusive, ad¬ 
mitted to audit and drafted for, upon ballancing the books & cor¬ 


recting the errors in addition, on account of 

Contingent Expenses. 604 78 

Civil Expenses. 6,023 23 

Military Expenses... 39,329 79 


Amount of government debts 7th March 1836 ..... .$45,957 80 


J. W. Moody, Auditor. 

Washington, 14th Mar. 1836. 
The Honb. Prest & members of the Convention. 

In accordance with the existing laws, I beg leave to report, that 
since the 8th March, to the 10th inst. inclusive I have admitted to 


audit & drafted for on account of 

Contingent Expenses. 00,000 0 

Civil Expenses. 30 0 

Military Expenses. 543 65 


Amt. of Govt, debts on 7th March.$45,957 80 


“ “ “ “ 10th “ .$46,531 45 

Add for Contingent Expenses as per account 27th Jan¬ 
uary . 37 50 

Total am’t audited and drawn for. 46,568 9.5 

Deduct amt. of draft paid in per S. Peeper’s note. 38 00 


Amt. Govt, debts 10th March. $46,530 95 

• * 

Having ceased operations since the morning of the 11th inst. and 
balanced the books of the office, they stand thus—- 

Contingent Expenses. 642 28 

Civil Expenses . 6,053 23 

Military Expenses. 39,835 44 


Amt. Govt, debts 10th March 1836 .$46,530 95 


Having received information of four families being in a house on 
this side the Colorado, of which my own is among the number, I 
must go to their relief. My office and papers being ready for ex¬ 
amination, an immediate action is earnestly requested. 

I remain Sir, Your obedient servant, 

J. W. MOODY, Auditor.” 

On motion of Mr. Pusk, the same was referred to the committee 
on finance. 

On motion of Mr. Carson the house resolved itself into a com¬ 
mittee of the whole on the Constitution: and 


( 893 ) 


























74 Proceedings of the Convention at Washington. 

On motion of Mr. Rusk that the committee rise, and the ques¬ 
tion being taken, it was decided in the affirmative. 

Whereupon the President resumed the chair; and Mr. Carson 
reported that the Committee of the whole had had under consid¬ 
eration the report of the Committee on the Constitution, and in¬ 
structed him to report the report the same as amended. 

On motion of Mr. Carson the report was received and agreed to. 

On motion of Mr. Rusk: 

Resolved that the Constitution as . reported and amended be re¬ 
ferred to a select committee of five, with directions to correct 
errors and phraseology relating to the present provisions, with 
leave to submit reflections-by report; and the question being taken 
thereon it was decided in the affirmative. 

Whereupon the President appointed Messrs. Rusk, Gazley, Ham¬ 
ilton, Gaines and Everett said Committee. 

Mr. Barnett of W. -laid before the Convention sundry communi¬ 
cations from F. W. Smith; which were read and on motion of Mr. 
Carson, the same were referred to the Military Committee. 

On motion of Mr. Rusk—Resolved that the Committee on Mili¬ 
tary affairs be instructed to make arrangements for furnishing 
arms, munitions, &c. to a company of regulars on their march to 
the frontier under the command of Lieutenant Teal. 

And the question being taken thereon, it was decided in the 
affirmative. 

Mr. Goodrich laid before the Convention a communication: 
which was read, and 

On motion of Mr. Rusk the same was referred to the Military 
Committee. 

Mr. Conrad introduced the following, which was read, 

“Whereas manv individuals from the United States have left 
«/ 

their homes of peace and comfort to volunteer in the service of 
this country and endure the hardships and perils of war, in its 
struggle against Mexican tyranny; and have by their generous 
patriotism and gallant conduct in the field earned our earnest 
gratitude; therefore, 

“Resolved that bounties of land be and are hereby granted to 
said volunteers, as follows: 

“To all who are now in service and shall continue in the service 
faithfully during the war 1280 acres. 

“To all who have served faithfully or who shall serve faithfully 
for a period not less than six months 640 acres. 

“To all who have served faithfully for a period not less than 3 
months 320 acres. 

“To all who shall enter the service previous to the 1st July next, 
and shall continue in the service faithfully during the war, pro¬ 
vided the w r ar shall continue for a period more than six months 
960 acres. 

“To all who were at the siege of Be jar 640 acres. 

(894) 


Proceedings of the Convention at Washington. 


75 


“To all wlio shall enter the service after the 1st July next, a 
quantity proportioned to their services and to be hereafter deter¬ 
mined. 

“Resolved That the lawful heir or heirs of all such volunteers 
as may have fallen or may hereafter fall in the present struggle 
with the Mexican government, or who may have died, or may here¬ 
after die from any accident whilst in the service of the Country 
during the war, shall he granted the quantities of land which would 
have been due the deceased under the colonization laws, as estab¬ 
lished by the laws of the land had he survived, and that is to say, 

one league and labor (-acres) for a man of family and one- 

third of a league (-acres) for a single man. Also that the 

said heir or heirs shall receive in addition to the land granted as 
aforesaid, a bounty of 640 acres, as decreed by the Council at San 
Felipe on the 11th day of Dec. 1835. 

“Resolved that every applicant for land under those claims shall 
present a certificate from the proper officer under whose command 
he served, the time of service, faithfulness, discharge &c. and that 
the certificate shall be presented to a land commissioner or such 
proper agent as might be established by law, as a voucher for the 
correctness of the claims. Also that these claims may be located 
on any unappropriated vacant land in the country, but no single 
grant shall be located in more than one body, nor any grant of 
1280 acres in any other form than 2 equal squares; nor any grant 
of 960 acres in any other form than a square of 640 acres and an¬ 
other square of 320 acres; nor any grant of 640 acres in any other 
form than a square; nor any grant of 320 acres in any other form 
than a square. The expenses of surveying, office fees &c shall be 
borne by the claimant. 

“Resolved that no bounty land as herein specified shall be con¬ 
strued so as to affect the rights and privileges to land under the 
colonization laws as established by the laws of the land of any said 
volunteer, any more than if it had not been granted.— 

On motion of Mr. Childress, that the rule be suspended and the 
preamble and resolution be put on their adoption; and at the sug¬ 
gestion of the introducer the same was laid on the table. 

On motion of Mr. Parmer the Convention adjourned till to¬ 
morrow 9 o’clock. 


TUESDAY, March 15, 1836. 

The Convention met pursuant to adjournment. 

1. Mr. Potter chairman of a select committee to whom was re¬ 
ferred that part of the Constitution in relation to lands made the 
following report. ***** 

On motion of Mr. Gazlev the same was referred to the select 

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76 Proceedings of the Convention at Washington. 

committee on the Constitution to correct errors and phraseology 
of the same. 

2. Mr. Fisher of Matagorda, chairman of committee on Naval 
ailairs made the following report on the African Slave trade. 

“The committee to whom was referred a letter dated Velasco, 
March 2d, 1836, from Wm. S. Fisher, Collector, beg leave to ob¬ 
serve, that the subject matter of said letter is of such a nature as to 
involve several important legal questions, which your committee do 
not consider come within the sphere of their duties; inasmuch as the 
private rights of some of our valued and respected citizens are there¬ 
in involved. Yet your committee feel hound to give it as their opin¬ 
ion, that the introduction of African Negroes, is in contravention of 
the existing Treaties between most nations, and the existing laws of 
this land. And your committee have no hesitancy in stating their 
views and belief of the extreme impolicy of either covertly or di¬ 
rectly countenancing a traffic, which has called forth the indignant 
condemnation of nearly the whole civilized world. It is to that civ¬ 
ilized world that we now, in our present struggle look for sympathy, 
and hope from that sympathy to extract assistance.—Almost every 
nation has proclaimed against this traffic many y r ears since, and de¬ 
nounced it as “Piracy;” and we are hound to believe from the late 
Message of his Majesty the King of Great Britain that, he has con¬ 
cluded with Denmark, Sardinia and Sweden, new conventions cal¬ 
culated to prevent it, and was in expectation of receiving a rati¬ 
fication of a similar treaty with Spain—that he was engaged in 
negotiating with other powers of Europe and South America for 
similar purposes, and hopes ere long, the traffic will be entirely sup¬ 
pressed. 

Your committee therefore respectfully suggest that, as a nation 
just ushered into existence, it most eminently becomes our duty 
and policy to adapt our measures to the genius and spirit of the age. 
We must be governed by the opinions of others—we must so regu¬ 
late our infant steps as to deserve the kind and watchful solicitude 
of older Nations. But while advocating the broad and abstract 
principle of justice, let us not by taking a retrospective view, of a 
doubtful and exciting question, interfere with or violate the just 
rights of our citizens. 

Your Committee therefore in presenting their individual and col¬ 
lective views of the justice and policy of the Traffic in African Ne¬ 
groes, would respectfully beg that your honorable body discharge 
them from the further consideration of the subject, as being one 
which does not properly come under their notice.” 

On motion of Mr. Childress 1000 copies of the report were or¬ 
dered to be printed. 

Mr. Ellis laid before the Convention a communication from Ed¬ 
ward Idarcourt which was read and referred to the committee on 
Military affairs. 


( 896 ) 


Proceedings of the Convention at Washington. 77 

On motion of Mr. .Roberts that Oapt. Teal and Lieut. Snell 
be invited to take a seat within the bar of the house—whereupon 
they were invited bv the President to take a seat within the same. 

V 4 / 

On motion of Mr. Thomas Resolved that the Military commit¬ 
tee be instructed to enquire whether there be a Quarter Master 
General to the Army; by whom appointed whether he be in the 
public service and what he has done to provide the Army with 
means and necessaries and what may have been expended by him. 

Resolved' that they further enquire whether there be a Pay¬ 
master, by whom appointed, whether he be on duty, and what 
funds have been placed at his disposal and what disposition has 
been made of them. 

Resolved further that they be instructed to inquire into the ex¬ 
pediency of examining into the conduct of the late commandant 
of the post of Goliad, and in what manner the public stores and 
property have been expended and disposed of, and report to this 
Convention as sbon as possible. 

And the question being taken thereon it was referred to the 

Military Committee. 

*/ 

On motion of Mr. Goodrich Resolved that a committee on In¬ 
dian affairs be appointed to examine and report upon the letter of 
Mr. Frier communicated to this house; and the question being 
taken it was decided in the affirmative. 

The President appointed Messrs. Goodrich, Robertson and Mav¬ 
erick said committee. 

On motion of Mr. Everett, Resolved that a committee of three 
be appointed to superintend the making out and publishing a copy 
of the proceedings of this house, and that said committee be au¬ 
thorised to have 500 copies printed and distributed to the members 
of the house for the benefit of their constituents, and that they 
have power to forward documents by express riders. Adopted. 

The President appointed Messrs. Everett, Fisher, and Gazley 
said Committee. 

On motion of Mr. Rusk Resolved that Henry Teal be appointed 
a Captain in the regular army of Texas, and that the President of 
this bodv issue to the said Teal the corresponding Commission. 
Adopted. 

On motion of Mr. Brigham Resolved That this Convention nomi¬ 
nate and appoint three discreet and judicious persons resi¬ 
dent citizens of the capital of each county or district in this re¬ 
public; said three persons shall form a body politic and shall be 
denominated a police of their respective Counties or districts in 
which they belong, and the provisional government when formed 
shall recognize and commission those persons so appointed by this 
Convention as a police during the War, and assign special duties 
to them; said persons forming this police shall not receive any 


r>7 —vol. 1. 


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78 


Proceedings of the Convention at Washington. 


compensation for their services, but shall be exempt from Military 
duty for the time being:—which was on motion laid on the table. 

On motion of Mr. Carson the Convention proceeded to the con¬ 
sideration of that part of the Constitution reported by the commit¬ 
tee to which was referred the same. 

On motion of Mr. Carson the Select Committee to whom was 
referred the Constitution had leave to withdraw for the purpose of 
consummating their labors on the same. 

The preamble being first read Mr. Potter moved to strike out the 
word “civil:” and the question being taken thereon was decided in 
the affirmative. 

Third section being under consideration, Mr. Grimes moved to 
strike out the “first Monday in October” and insert “first Monday 
in September.” And the question being taken thereon was decided 
in the affirmative. 

On motion of Mr. Rusk, the section was further amended by add¬ 
ing “until Congress shall otherwise provide by law.”— 

The fourth Section being under consideration, Mr. Power moved 
to strike out “21” and insert “25”—and the question was taken on 
striking out. 

The yeas and nays being called for by the requisite number, it was 
decided in the affirmative. Yeas 22—Nays 18.—Those who voted 
in the affirmative are: Mr. President, Brigham, Everett, Fisher, of 
Matagorda, Lacy, Latimer, Menefee, Hardiman, Hardin, McKin¬ 
ney, Roberts, Stepp, Scates, Smyth, Taylor, Turner, West. 

Those who voted in the negative are—Messrs. Barnett, of Wash¬ 
ington, Bowers, Briscoe, Bunton, Carson, Conrad, Crawford, Cole¬ 
man, Fisher, of Gonzales, Grimes, Legrand, Mottley, Potter, Par¬ 
mer, Robertson, Rusk, Thomas, Zavala.—18. 

The fifth section being under consideration—Mr. Rusk moved to 
strike out “forty” and insert “fifty.” And the question being taken 
thereon was decided in the negative. 

The seventh section being under consideration, Mr. Thomas 

O y 

moved to strike out the word “proviso” of the section: and the ques¬ 
tion being taken, it was decided in the affirmative. 

Mr. Rusk moved to strike out “Indians and free negroes except¬ 
ed,” after the word “population,” and the question being taken was 
decided in the affirmative. 

The Eighth section being under consideration, Mr. Potter moved 
to strike out the word “thirty” and insert “twenty”—and the ques¬ 
tion being taken was decided in the negative. 

The Kintli to the twenty-seventh being read were unanimously 
adopted. 

Article Second, Section 1st, 2nd, 3rd, 4th and fifth having been 
read, 

Mr. Rusk moved to q^ld Sec. 3rd that “Congress shall have power 
to grant charters of incorporation, and to grant patents and copy 

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Proceedings of the Convention at Washington. 79 

rights’’—and the question being taken was decided in the affirma¬ 
tive. 

Article third—Fifth Section being under consideration—Mr. Le- 
grand moved to strike out the word “three” and insert “two”—and 
the question being taken was decided in the negative. 

Mr. Parmer moved to strike out “thirty five” and insert “thirty” 
and the question being taken was decided in the negative. 

The Seventh section being under consideration, Mr. Potter moved 
to fill the blank as follows, “I, A. B. president of the Republic of 
Texas do solemnly swear (or affirm as the case may be) that I will 
faithfully execute the duties of my office, and to the best of my 
abilities preserve, protect and defend the Constitution of the Re¬ 
public, so help me God,” and the question being taken was decided 
in the affirmative. 

Article fourth. The eighth section being under consideration 
Mr. Potter moved to add “provided no judge shall sit upon a cause 
determined by him in the Court below;” and the question being 
taken was decided in the affirmative. 

On motion of Mr. Gazley it was Resolved that Colonel Daniel 
Pitman be authorized as assistant quarter-master to furnish sup¬ 
plies to the volunteers and regulars who are preparing to march 
to the head quarters of the Texian army. 

Mr. Rusk Chairman of the select committee upon the Consti¬ 
tution reported by resolution: 

Resolved that the Constitution so far as reported be read over 
carefully, section by section, with a reasonable pause between, so 
that each member of the Convention may take his memorandums 
by sections first; and that it be again read by sections for adoption. 

The Constitution being under consideration— * * * On mo¬ 

tion of Mr. Rusk, Resolved that a committee of three be immedi¬ 
ately appointed to draw copies of the late act organising the 
militia and that the President of this body issue his orders under 
the provisions of that act ordering out one third of the militia:” 
which was adopted; and thereupon the President appointed Messrs. 
Carson, Collinsworth and Childress said committee. 

On motion of Mr. Powers Resolved that a select committee of 
two be appointed to superintend expresses:—The President ap¬ 
pointed Messrs. Parmer and Waller said Committee. 

On motion of Mr. Rusk the Convention adjourned till 9 o’clock 
to-morrov r morning. 

HALF PAST SEVEN O’CLOCK, P. M. 

The convention by unanimous consent proceeded to business. 

Art. 4th Section eleventh being under consideration—Mr. - 

moved to add “no new county shall be laid off unless it be done 
upon the petition of one hundred free male inhabitants of the 

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80 


Proceedings of the Convention at Washington. 


territory sought to be laid off in a county, and unless the said ter¬ 
ritory .shall contain nine hundred square miles”—and the question 
being taken was decided in the affirmative. 

A letter from Genl. Sam Houston, announcing the fall of the 
Alamo, was read by the President. 

On motion of Mr. Potter the Convention adjourned till tomor¬ 
row 8 o’clock.— 


March 16th, 1836. 

Wednesday Morning, 9 o’clock. 

The Convention met pursuant to adjournment and was called to 
order by the President. 

Mr. Collinsworth, Chairman of the Committee of Finance, sub¬ 
mitted a report as to the claims of Messrs. McKinney & Williams 
against the Government, which was laid on the table. 

On motion of Mr. Waller, an address to the people of the United 
States of America, was ordered to be prepared to accompany the let¬ 
ter of General Sam Houston, Commander in Chief of the Army, &c., 
announcing the fall of the Alamo. 

Mr. Briscoe introduced the following resolution: Resolved, That 
a committee of three be appointed to arrange for the publication of 
the intelligence from San Antonio, which was, on the question 
being taken, was decided in the negative. 

Mr. Collinsworth, Chairman of the Committee on Military Affairs, 
asked leave for said committee to be discharged, which was done. 

On motion of Mr. Rusk, that portion of the Constitution de¬ 
nominated the general provisions was taken up for its final reading. 

Mr. Rusk offered the following amendment to the twelfth Sec¬ 
tion, “and all titles issuing upon such Surveys shall be null and 
void.” On motion the Aves and Navs were taken and decided in 
the Negative. Those who voted in the affirmative were Messrs. 
Hardin, Legrand, Menard, Kavaro, Roberts, Rusk, Smyth and Tay¬ 
lor.—eight.—Those who voted in the Negative are Messrs. Bar¬ 
nett of Washington, Briscoe, Blount, Badget, Brigham, Byrom, 
Barnett of Austin, Bowers, Bunton, Collinsworth, Carson, Cole¬ 
man, Childress, Clark, Crawford, Everette, Fisher, of Gonzales, 
Fisher of Matagorda, Grimes, Goodrich, Hamilton, Hardiman, 
Lacy, Latimore, Menefee, McKinney, Motley, Moore, Maverick, 
Potter, Parmer. Pennington, Power, Robertson, Swisher, Stapp, 
Stewart, Thomas, Turner, Waller, Wert, Woods, and Zavalla, 
forty-three. 

Mr. Parmer asked and obtained leave to be discharged from fur¬ 
ther attendance as a delegate of this Convention.—Mr. Walker 
asked and obtained leave to be discharged from further attend¬ 
ance as a delegate to the Convention. 


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p 


Proceedings of the Convention at Washington. 81 

Mr. Carson asked that the rules he suspended, with leave to 
introduce the following resolution.—Resolved: That Spies be im¬ 
mediately despatched under the direction of this house, for the 
protection of this Convention and also; for the procuration of arms. 

Mr. Power introduced the following resolution—Resolved: That 
no member of this Convention shall be eligible to any office filled 
by them while a sitting member, or four months after thev vacate 
their seats, A\ hereupon the question being taken the same was de¬ 
cided in the Negative. 

On motion Convention adjourned until Three o’clock, P. M. 

THREE O’CLOCK, P. M. 

The Convention met pursuant to adjournment and was called 
to Order by the President. 

Mr. Isham Parmer Sergeant-at-Arms asked and obtained leave to 
he discharged, which was granted. 

On motion of Mr. Roberts, Charles Lay was appointed Sergeant- 
at-Arms. 

Mr. Gazlev asked to be discharged from further attendance as a 
delegate of the Convention, which was done. 

Mr. Rusk introduced introduced the following resolution.—Re¬ 
solved. that John G. Love of the Municipality of San Augustine, 
James English of Shelby, Soloman R. Peck of Nacogdoches, S. B. 
McMahan of Sabine, Joseph Wert of Jasper, are hereby authorized 
and empowered to list the names of the Militia in their several 
Municipalities and Organize them, which was adopted. 

Mr. Rusk introduced the following resolution.—Resolved: That 
J. W. Moody be authorized to raise a guard of at least four men, 
and press Horses, waggons, provisions, to move in poor families 
who are on the Colorado exposed to the ravages of the enemy. 
Which was adopted. 

The House On Motion of Mr. Thomas again took up the con¬ 
sideration of that part of the Constitution denominated the “Gen¬ 
eral Provisions”—whereupon Mr. Thomas moved that the twelfth 
Section be amended by striking out the words “Eleven Leagues”— 
The Aves and Navs being Called for, the same was decided in the 
Negative. Twenty eight members being present, those who voted 
in the affirmative are Messrs. Bvrom, Fisher of Matagorda, Mav- 
rick. Thomas, Zavalla, five— Those who voted in the Negative are 
Messrs. Barnett of Washington, Blount, Badget, Brigham, Barnett 
of Austin, Bowers, Carson, Clark, Crawford, Conrad. Everette, 
Fisher of Gonzales, Gains, Hamilton, Legrand, Latimore, Menefee, 
McKinney, Moore, Potter, Pennington, Power, Robertson, Rusk, 
Swisher, Stepp, Smyth, Stewart, Turner, Wert, and Mr. President 
Ellis with leave of the house. Twenty Eight., 

Mr. Rusk introduced the following resolution.—Resolved: That 
Col. Martin Parmer be, and he is hereby authorized to demand, re- 

(901 ) 


82 


Proceedings of the Convention at Washington. 


ceive, and dispose of as the exigencies of circumstances may re¬ 
quire any and all public property, whether money, provisions, 
horses, waggons, and teams, arms and other munitions of war to he 
found within the Municipalities of Nacogdoches, or of San Augus¬ 
tine, giving the corresponding receipts, and that he be also: fully 
authorized within the said municipalities to make requisitions for, 
and if need he to press into the public Service, such provisions, 
horses, waggons and teams, arms and other munitions of war not 
the property of the public, as may be needful for the efficient 
equipment and sustenance of the army, or any portion thereof, 
rendering the proper vouchers ta individuals and being accounta¬ 
ble to the Government for what he may do in pursuance of this 
Constitution.—Which was adopted. 

On motion the Convention adjourned till 9 o’clock tomorrow 
morning. 


THURSDAY, March 17th, 1836. 

The Convention met pursuant to adjournment.—Mr. Turner 
chairman of the Select Committee to whom was refered the sub¬ 
ject of the Condition of families that were compelled to retreat 
from beyond San Antonio and Guadalupe, asked leave to report. 

The Committee to whom was refered the Resolution to take into 
consideration the condition of the families compelled to retreat 
from beyond the San Antonio and Guadalupe to seek protection 
from their fellow countrymen to the East, beg leave to report as 
follows. 

That there are a number of families who have been compelled 
to retreat into the Colonies to the east, and many of them unable 
to provide for themselves. 

Resolved therefore; that any contracting or other agent of the 
Government who may have provisions, Clothing, or any other neces¬ 
saries they may require, shall supply them with the same, at the 
expense of said Government.—And on motion of Mr. Turner the 
report was received. 

Mr. Menefee introduced the following in lieu thereof.—Resolved, 
that it shall he the duty of the Executive Government to provide 
for those who may he, or have been drove from their homes hv the 
invading enemy.—And the question being taken thereon, it was de¬ 
cided in the Negative. 

Mr. Turner moved for the adoption of the report of the com¬ 
mittee, and the question being taken thereon, it was decided in the 
affirmative. 

On motion of Mr. Childress Col. Robert Triplett explained the 
nature of the loan made by the agents of the Republic in New Or¬ 
leans, which he done at some length and great satisfaction. 

( 902 ) • 



Proceedings of the Convention at Washington. 83 

On motion of Mr. Everette the following preamble and Resolu- 
tion was read. 

Whereas Messrs. Wharton, Austin and Archer, the agents of the 
Provisional Government of Texas have made contracts for loans, 
with certain citizens of the United States of America, and Where¬ 
as, the contract was to have been ratified by this Convention, and 
Whereas, the present emergency of the country has compelled this 
Convention to form an Executive Government, to whom plenary 
powers are granted, and in as much as it would be difficult to take 
into consideration the merits of the loan, with that reflection that 
would be necessary to clue justice to our country and the parties 
concerned. 

Be it therefore Resolved, That the documents and papers, and 
all the information in the possession of this Convention be refered 
to the Executive Government for their action, and that they be, 
and are hereby impowered to ratify said loan or loans, or to make 
such compromise as the good faith of our Country may require.— 
And the question being taken thereon, it was decided in the af¬ 
firmative. 

The Hon. Sami. P. Carson Secretary of State of the Republic 
laid before the House the following communication and Resolution. 

Washington, 17th March, 1836. 

To the Honl. The President of the Convention. 

Sir:—I respectfully Submit to the Convention for their consid¬ 
eration the propriety of authorizing the Executive Government 
ad-interum to issue Treasury Notes to an amount adequate to the 
present exigencies of the Country—And I would respectfully Sug¬ 
gest that an early action of the House on this matter appears to me 
important. 

I have the honor to be, with high consideration, 

Your Obt Servt 

DAVID G. BURNET. 

Resolved, that the Executive Government ad interum of the Re¬ 
public be, and is hereby authorized to supply the wants and exi¬ 
gencies of the Government by issuing Treasury Notes bassed on 
the faith and Credit of the Republic, payable at the Treasury, and 
to bear interest of eight per cent per annum, which notes shall be 
receivable in payment of all debts due the Government. 

Resolved that the also Executive Government ad interum shall 
have the power of regulating such as system of import tonage and 
other duties as may be deemed necessary and expedient to meet 
exigencies of the Republic, subject to such alterations, as Congress 
at the first meeting shall or may direct.—And the question being 
taken thereon, it was unanimously adopted. 


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84 


Proceedings of the Convention at Washington. 


On Motion of Mr. Everette, Resolved That Captain James Ches¬ 
ter shall be, and is hereby employed, to draw on the Treasury of 
the Republic of Texas, for such funds as may be necessary to pay 
the expenses of equiping and furnishing with provisions and other 
necessary articles, as may be wanted for the use of the men raised, 
or to be raised in the Municipality of Jasper, for the aid of the 
Country.—And should it be necessary, he is hereby empowered to 
press for the public service all articles that he may not otherwise be 
enabled to procure.—The Country being responsible for the Same. 

And the question being taken thereon, it was decided in the af¬ 
firmative. 

On Motion of Mr. Roberts. 

Resolved, That the proposition of John T. Lamar now before the 
Military Committee, be adopted—and that he he constituted the 
agent of this Government as set forth in his proposition. And that 
he be clothed with the authority necessary to acquire the aid for the 
country, so requisite in this, our present emergency.—And the 
question being taken it was decided in the Affirmative. 

Mr. Conrad called for the resolution introduced by himself some 
days since, and laid on the table.—The House sustained the call, 
and the resolution was read, amended and adopted. 

On Motion of Mr. Childress, the Convention adjourned Sine die. 

Done in Convention at Washington, on the 17th day of March, 
Anno Domini, 1836, and in the first year of the Independence of 
the Republic of Texas. 

Attest (Signed) RICHARD ELLIS, President 

H. S. KIMBLE of the Convention and 

Secretary of the Convention. Delegate from Red River. 


i 


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